Jellis Craig Blackburn Pty Ltd

[2013] FWCA 2395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jellis Craig Blackburn Pty Ltd
(AG2013/5913)

JELLIS CRAIG BLACKBURN ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BISSETT	MELBOURNE, 18 APRIL 2013

Application for the approval of the Jellis Craig Blackburn Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jellis Craig Blackburn Enterprise Agreement 2013 (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 s.54(1) it will operate from 25 April 2013. The nominal expiry date of the Agreement is 25 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Jellis Craig Blackburn Pty Ltd, the applicants sought approval of the Jellis Craig Blackburn Enterprise Agreement 2013 from the Fair Work Commission. The respondents were the employees represented by various unions. The dispute centred on whether the agreement met the necessary legal standards and provisions as outlined in the Fair Work Act 2009. This involved assessing the fairness, coverage, and compliance of the agreement with statutory requirements.

The court had to determine if the agreement was made in good faith, if it provided for minimum entitlements, and if it complied with procedural requirements such as proper notice and opportunity for consultation. Furthermore, the court examined whether the agreement adequately addressed the rights and obligations of the employees and employers as stipulated by the Act. It was crucial to assess if the agreement was free from any unlawful content and if it provided a fair and reasonable basis for resolving employment disputes.

The Fair Work Commission found that the agreement was made in good faith and provided for the minimum entitlements as required by the Fair Work Act 2009. The agreement was also found to be procedurally sound, with adequate consultation and notice provided to the respondents. The court concluded that the agreement was fair and reasonable, covering all necessary aspects and complying with statutory provisions. As a result, the application for the approval of the Jellis Craig Blackburn Enterprise Agreement 2013 was successful.

The final orders of the Commission were that the agreement be approved, and the applicants were directed to take necessary steps to ensure its implementation. The agreement was to be registered and enforced as a binding enterprise agreement under the Act. The decision reinforced the importance of good faith bargaining and adherence to statutory requirements in the formation and approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established