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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the respondent, Jellis Craig Bennison MacKinnon Pty Ltd, as trustee for the Jellis Craig Bennison Mackinnon Unit Trust, for approval of the JCBM Enterprise Agreement 2014. The applicant, Mr. Peter James O'Brien, was an employee of the respondent and had brought this matter before the Fair Work Commission. The dispute centred on the validity and fairness of the proposed enterprise agreement, which aimed to regulate employment conditions for the employees of the respondent.

The legal issues before the court revolved around the necessity to determine whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement had been made in good faith, if it was appropriately certified, and whether it met the criteria for covering all relevant employees. Additionally, the court was tasked with determining whether the agreement provided fair and reasonable terms and conditions for the employees, as well as ensuring it did not unfairly disadvantage any employee or group of employees.

In reaching its decision, the court considered various factors, including the nature of the bargaining process, the terms of the proposed agreement, and the views of the parties involved. The court concluded that the agreement was made in good faith, was appropriately certified, and met the statutory criteria for coverage. Furthermore, the court found that the agreement provided fair and reasonable terms and conditions for the employees and did not unfairly disadvantage any employee or group of employees. Consequently, the court approved the enterprise agreement as compliant with the requirements of the Fair Work Act 2009.

The final orders of the court included the approval of the JCBM Enterprise Agreement 2014, with the terms and conditions set out therein to apply to the employees of the respondent. The court emphasised the importance of ensuring that all parties involved in the agreement were aware of their rights and obligations under the approved terms. Additionally, the court noted that the agreement would be subject to review and potential modification in the future to ensure continued compliance with the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established