HMSB Pty Ltd T/A Ray White East Brisbane/Bulimba

[2021] FWCA 6742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HMSB Pty Ltd T/A Ray White East Brisbane/Bulimba
(AG2021/7500)

HMSB PTY LTD ENTERPRISE AGREEMENT 2021

Real estate industry
COMMISSIONER SIMPSON	BRISBANE, 18 NOVEMBER 2021

Application for approval of the HMSB Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the HMSB Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HMSB Pty Ltd T/A Ray White East Brisbane/Bulimba (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the HMSB Pty Ltd Enterprise Agreement 2021, the applicant, the employer, sought the Fair Work Commission's approval of the proposed agreement. The agreement was intended to govern the employment terms and conditions of the applicant's employees. The dispute arose between the employer and the Australian Services Union, which represented the employees. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement contained the necessary minimum terms, whether it had been fairly negotiated, and whether it was in the best interests of the employees. The applicant argued that the proposed agreement had been negotiated in good faith and contained all the required minimum terms. The union, on the other hand, contended that the proposed agreement did not provide adequate protections for the employees and had not been negotiated fairly.

In reaching its decision, the Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission found that the proposed agreement contained all the required minimum terms and had been negotiated in good faith. The Commission also found that the agreement was in the best interests of the employees, taking into account the overall balance of benefits and detriments. The Commission approved the proposed agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the HMSB Pty Ltd Enterprise Agreement 2021, finding that it met the statutory requirements for approval. The Commission found that the agreement contained all the necessary minimum terms, had been negotiated in good faith, and was in the best interests of the employees. The approval of the agreement will govern the employment terms and conditions of the applicant's employees for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established