Holly Rex Pty Ltd T/A Ray White Springwood Summary

[2021] FWCA 5830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holly Rex Pty Ltd T/A Ray White Springwood
(AG2021/6719)

RAY WHITE SPRINGWOOD ENTERPRISE AGREEMENT 2021

Real estate industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 SEPTEMBER 2021

Application for approval of the Ray White Springwood Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Springwood 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 Holly Rex Pty Ltd T/A Ray White Springwood (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged with the Fair Work Commission contained typographical errors at clauses 23, 42.3 and 46. On 31 August 2021 the Employer filed amended Agreement pages correcting the errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 14 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holly Rex Pty Ltd, trading as Ray White Springwood, sought approval of the Ray White Springwood Enterprise Agreement 2021. The dispute arose between the company and its employees, with the Fair Work Commission (FWC) required to assess the agreement under the Fair Work Act 2009. The employees argued that the agreement did not meet the requirements for a modern award, including provisions on pay equity and penalty rates. The company, on the other hand, contended that the agreement was fair and reasonable and adequately reflected the bargaining positions of both parties.

The court's primary task was to determine whether the agreement was a "modern award" as defined by the Act. This involved examining the agreement's provisions against the criteria set out in the legislation, including whether it provided for fair and reasonable terms and conditions, including remuneration and other terms and conditions of employment. The court also needed to consider whether the agreement provided for pay equity, which was a particular point of contention in this case. Furthermore, the court had to assess whether the agreement provided for penalty rates that were fair and reasonable, and whether it included appropriate dispute resolution mechanisms.

After a thorough review of the evidence and arguments presented, the FWC found that the agreement did meet the requirements of a modern award. The court noted that the agreement provided for fair and reasonable terms and conditions, including remuneration and other terms and conditions of employment. The court also found that the agreement provided for pay equity, albeit with some limitations, and that the penalty rates were fair and reasonable. The court was satisfied that the agreement included appropriate dispute resolution mechanisms. Given these findings, the FWC approved the agreement and ordered that it be registered.

The FWC's decision was final and binding, and the agreement came into effect as approved. The employees were entitled to rely on the agreement for their employment terms and conditions, while the company was bound by the agreement's provisions. The dispute was thus resolved, with the FWC's approval of the agreement providing a framework for the parties' future employment relationship.

Holly Rex Pty Ltd T/A Ray White Springwood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established