Jellis Craig Bennison MacKinnon Pty Ltd as trustee for Jellis Craig Bennison Mackinnon Unit Trust

[2015] FWCA 577

[2015] FWCA 577

FAIR WORK COMMISSION

DECISION

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

Jellis Craig Bennison MacKinnon Pty Ltd as trustee for Jellis Craig Bennison Mackinnon Unit Trust
(AG2014/10976)

JCBM ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 27 JANUARY 2015

Application for approval of the JCBM Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the JCBM 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.

Undertaking

[2] With respect to Schedule 2 - Minimum Wage Rates of the Agreement, the applicant has provided an undertaking in response to the Commission’s concern of a potential lesser vehicle allowance under the Agreement when compared to the Real Estate Industry Award 2010 being the relevant award for the better off overall test.

[3] The undertaking states that any vehicle or mobile allowances as agreed to between the employer and an employee in respect of the employee’s use of their own vehicle or mobile phone in the course of employment shall be no less than the minimum allowances set out in clause 18 of the Real Estate Industry Award 2010.

[4] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] The undertaking is not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertaking does not result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[6] 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.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 3 February 2015. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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