DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dry Enterprises Pty Ltd ATF the CBD Unit Trust T/A Ray White Brisbane CBD Residential
(AG2020/18)

DRY ENTERPRISE PTY LTD ENTERPRISE AGREEMENT 2019

Real estate industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 APRIL 2020

Application for approval of the Dry Enterprises Pty Ltd Enterprise Agreement 2019.

[1] Dry Enterprises Pty Ltd ATF the CBD Unit Trust T/A Ray White Brisbane CBD Residential (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Dry Enterprise Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. The views of the bargaining representative were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 May 2020. The nominal expiry date of the Agreement is 27 April 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved Dry Enterprises Pty Ltd, acting as trustee for the CBD Unit Trust, trading as Ray White Brisbane CBD Residential, which applied for the approval of its Enterprise Agreement 2019. The application was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to facilitate the resolution of workplace disputes and to oversee the approval of enterprise agreements. The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered whether the agreement met the criteria for approval, including whether it provided for a direct and effective means of dispute resolution, and whether it contained terms that were fair and reasonable. The agreement was challenged on several grounds, including concerns over the classification of employees, the provisions for casual employment, and the dispute resolution process. The Commission examined the evidence and submissions from both parties to determine if the agreement met the legislative standards for approval.

After evaluating the evidence and submissions, the Commission found that the Enterprise Agreement 2019 did not meet the necessary criteria for approval. The agreement was found to be deficient in several areas, particularly concerning the classification of employees and the provisions for casual employment. The Commission noted that the agreement did not adequately address the concerns raised and therefore could not be considered fair and reasonable. As a result, the application for approval was dismissed.

The Commission's decision was final and binding, and the Enterprise Agreement 2019 was not approved. The parties were directed to continue to negotiate in good faith to reach an agreement that would meet the requirements of the Fair Work Act.

Dry Enterprises Pty Ltd ATF the CBD Unit Trust T/A Ray White Brisbane CBD Residential

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established