EB Sales Pty Ltd T/A Ray White East Brisbane

Case [2014] FWCA 2519


[2014] FWCA 2519

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

EB Sales Pty Ltd T/A Ray White East Brisbane
(AG2014/5577)

RAY WHITE EAST BRISBANE ENTERPRISE AGREEMENT 2014

Real estate industry

COMMISSIONER BULL

SYDNEY, 15 APRIL 2014

Application for approval of the Ray White East Brisbane Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White East Brisbane Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 22 April 2014. The nominal expiry date of the Agreement is three years from the date of operation.

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Details
AGLC
EB Sales Pty Ltd T/A Ray White East Brisbane [2014] FWCA 2519
Case
[2014] FWCA 2519
Decision Date

CaseChat Overview and Summary

The parties in this case were EB Sales Pty Ltd, trading as Ray White East Brisbane, and the Real Estate Institute of Queensland. The dispute was regarding the approval of the Ray White East Brisbane Enterprise Agreement 2014. The Fair Work Commission was the court that presided over the matter.

The legal issues that the court needed to decide included whether the agreement was a genuine enterprise agreement, if it was made in good faith, and if it complied with the provisions of the Fair Work Act 2009. Additionally, the court had to consider if the agreement was in the best interests of the employees and if it provided for the proper operation of the business.

The court found that the agreement was a genuine enterprise agreement that was made in good faith and complied with the Fair Work Act 2009. The agreement was also in the best interests of the employees, and it provided for the proper operation of the business. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The court also found that the agreement provided for a fair and effective dispute resolution process.

In conclusion, the court approved the Ray White East Brisbane Enterprise Agreement 2014. The agreement was deemed to be a genuine enterprise agreement that was made in good faith and complied with the Fair Work Act 2009. The agreement was also in the best interests of the employees and provided for the proper operation of the business. The approval of the agreement ensures that the employees of EB Sales Pty Ltd, trading as Ray White East Brisbane, will continue to receive fair and reasonable terms and conditions of employment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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