Infinite Property Management Pty Ltd T/A Ray White Redcliffe Summary

[2014] FWCA 3400

FAIR WORK COMMISSION

DECISION

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

Infinite Property Management Pty Ltd T/A Ray White Redcliffe
(AG2014/1141)

RAY WHITE REDCLIFFE ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 22 MAY 2014

Application for approval the Ray White Redcliffe Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Redcliffe 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 29 May 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Infinite Property Management Pty Ltd, trading as Ray White Redcliffe, and a group of employees represented by the Queensland Branch of the Real Estate Institute of Queensland. The dispute was regarding the approval of the Ray White Redcliffe Enterprise Agreement 2014. The Fair Work Commission was the tribunal tasked with deciding whether the application for approval should be granted.

The legal issues before the tribunal were whether the agreement met the formal requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions. Specifically, the tribunal had to consider whether the agreement adequately addressed issues such as minimum rates of pay, overtime provisions, penalty rates, and shift allowances. Additionally, the tribunal examined whether the agreement complied with the procedural requirements for the application, including proper notification and consultation with the relevant parties.

The Fair Work Commission found that the application for approval of the enterprise agreement was not valid due to procedural deficiencies. The tribunal determined that the employer had failed to provide the necessary information and documentation to the relevant employees in a timely manner, as required by the Fair Work Regulations. Consequently, the tribunal concluded that the agreement could not be approved in its current form. The tribunal emphasised the importance of procedural fairness in the enterprise bargaining process and the need for employers to adhere to the statutory requirements set out in the Fair Work Act and Regulations.

The Fair Work Commission did not approve the Ray White Redcliffe Enterprise Agreement 2014 and ordered that the application be returned to the employer for further consultation and amendment as necessary. The tribunal directed the employer to ensure that the agreement complied with all relevant legal requirements and provided for fair and reasonable terms and conditions for the employees.

Infinite Property Management Pty Ltd T/A Ray White Redcliffe

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established