Jellis Craig Brunswick Pty Ltd Summary

[2022] FWCA 2189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jellis Craig Brunswick Pty Ltd

(AG2022/2060)

Jellis Craig Brunswick Enterprise Agreement 2022

Real estate industry
COMMISSIONER O'NEILL	MELBOURNE, 30 june 2022

Application for approval of the Jellis Craig Brunswick Enterprise Agreement 2022

Jellis Craig Brunswick Pty Ltd has applied for approval of an enterprise agreement known as the Jellis Craig Brunswick Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 29 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Jellis Craig Brunswick Pty Ltd, an applicant seeking approval of a proposed enterprise agreement for their employees. The nature of the dispute was centred around the specifics of the proposed agreement, which aimed to regulate various employment terms and conditions. The Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the necessary legal criteria for approval.

The legal issues before the Commission included whether the proposed agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act. This involved assessing whether appropriate bargaining had taken place and whether the agreement was fairly and genuinely negotiated. Another issue was whether the agreement complied with the provisions of the Act, particularly concerning the provisions on minimum wages, hours of work, and other entitlements. The Commission also considered whether the agreement included appropriate dispute resolution mechanisms and whether it met the public interest test.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement had been fairly and genuinely negotiated and complied with the procedural requirements. It also found that the agreement was consistent with the provisions of the Fair Work Act, including the minimum standards for wages and other entitlements. The Commission further determined that the agreement included appropriate dispute resolution mechanisms and met the public interest test. Consequently, the Commission approved the proposed enterprise agreement, subject to certain conditions and clarifications.

The final orders of the Commission included the approval of the Jellis Craig Brunswick Enterprise Agreement 2022, with specific conditions that the employer must adhere to regarding the implementation of the agreement. The Commission also required that any changes to the agreement in the future must again be fairly and genuinely negotiated and meet the legal requirements for approval.

Jellis Craig Brunswick Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established