DECISION

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

Jarobri Pty Ltd T/A Ray White Rockhampton City
(AG2014/10172)

RAY WHITE ROCKHAMPTON CITY ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 15 DECEMBER 2014

Application for approval of the Ray White Rockhampton City Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Rockhampton City 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 22 December 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Jarobri Pty Ltd trading as Ray White Rockhampton City, applied to the Fair Work Commission for approval of the Ray White Rockhampton City Enterprise Agreement 2014. The dispute concerned whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the proper representation of employees by the applicant and the fairness of the agreement's terms. The application was heard by Deputy President R C Molloy.

The primary legal issue before the court was whether the applicant, Jarobri Pty Ltd, had the proper authorisation to negotiate and sign the enterprise agreement on behalf of the employees. Additionally, the court needed to determine if the agreement was made in good faith and if its terms were fair and reasonable. The applicant argued that it had the necessary authorisation, and the agreement was made in good faith and contained fair terms.

Deputy President R C Molloy found that the applicant had the proper authorisation to negotiate and sign the enterprise agreement. The evidence presented demonstrated that the applicant had taken reasonable steps to ensure that the agreement was made in good faith and that its terms were fair and reasonable. The Deputy President concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the Ray White Rockhampton City Enterprise Agreement 2014.

In approving the agreement, the Deputy President made an order that the agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement from the date of registration. The applicant was directed to take all necessary steps to give effect to the agreement and to inform the employees of its terms and conditions.

Jarobri Pty Ltd T/A Ray White Rockhampton City

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established