DECISION

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

Jellis Craig Bennison Mackinnon (Sorrento) Pty Ltd
(AG2014/10974)

JCBM (SORRENTO) ENTERPRISE AGREEMENT 2014.

Real estate industry
COMMISSIONER BULL	SYDNEY, 22 JANUARY 2015

Application for approval of the JCBM (Sorrento) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the JCBM (Sorrento) 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 29 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, Jellis Craig Bennison Mackinnon (Sorrento) Pty Ltd, sought approval of the JCBM (Sorrento) Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The agreement aimed to govern the terms and conditions of employment for the applicant's employees. The nature of the dispute revolved around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement had been genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it had been appropriately certified. The applicant argued that the agreement was the result of genuine negotiations and that it contained all the mandatory minimum terms. The respondent contended that the agreement did not meet the requirements for approval. The court had to assess the evidence provided by both parties to determine the validity of the agreement.

The Fair Work Commission considered the evidence and submissions from both parties. The court found that the agreement had been genuinely negotiated and contained all the necessary minimum terms. The commission approved the agreement, stating that it met all the legal requirements for approval. The court's decision was based on the evidence presented and the application of relevant legal principles. The final orders included the approval of the JCBM (Sorrento) Enterprise Agreement 2014.

Jellis Craig Bennison Mackinnon (Sorrento) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established