DECISION

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

J C Monash Pty Ltd as trustee for the J C Mt Waverley Sales Unit Trust t/a Jellis Craig Mount Waverley T/A Jellis Craig Monash
(AG2017/1954)

JC MONASH ENTERPRISE AGREEMENT 2017

Real estate industry
COMMISSIONER MCKINNON	MELBOURNE, 28 JULY 2017

Application for approval of the JC Monash Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the JC Monash Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J C Monash Pty Ltd as trustee for the J C Mt Waverley Sales Unit Trust t/a Jellis Craig Mount Waverley T/A Jellis Craig Monash. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 4 August 2017. The nominal expiry date of the Agreement is 27 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved J C Monash Pty Ltd, as trustee for the J C Mt Waverley Sales Unit Trust trading as Jellis Craig Mount Waverley T/A Jellis Craig Monash, which sought approval for the JC Monash Enterprise Agreement 2017. This agreement was intended to govern the terms and conditions of employment for its employees. The application was made under the Fair Work Act 2009, and the dispute centred around whether the agreement met the legal requirements for approval and if it provided fair and reasonable terms for the employees involved.

The primary legal issue before the court was whether the JC Monash Enterprise Agreement 2017 complied with the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it met the criteria for being considered fair and reasonable. The court also needed to consider if the agreement was appropriately certified by the relevant bargaining representative.

In delivering its judgment, the court examined the provisions of the Fair Work Act 2009 and the specific details of the JC Monash Enterprise Agreement 2017. The court determined that the agreement was made in good faith and contained all the required minimum terms and conditions. Furthermore, the court found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the court approved the JC Monash Enterprise Agreement 2017, allowing it to take effect as a legally binding contract between the parties.

The court's final orders included the approval of the JC Monash Enterprise Agreement 2017, which was to be registered with the Fair Work Commission. This decision ensured that the agreement would govern the employment terms and conditions for the employees, as stipulated in the approved document. The approval of the agreement was a significant outcome, as it provided certainty and stability for both the employer and the employees involved.

J C Monash Pty Ltd as trustee for the J C Mt Waverley Sales Unit Trust t/a Jellis Craig Mount Waverley T/A Jellis Craig Monash

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established