DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jellis Craig Kensington Pty Ltd ATF Jellis Craig (Kensington) Sales Unit Trust T/A Jellis Craig Kensington
(AG2016/7415)

JELLIS CRAIG (KENSINGTON) ENTERPRISE AGREEMENT 2016

Real estate industry
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Jellis Craig (Kensington) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jellis Craig (Kensington) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jellis Craig Kensington Pty Ltd ATF Jellis Craig (Kensington) Sales Unit Trust T/A Jellis Craig Kensington. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 22 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Jellis Craig Kensington Pty Ltd, trading as Jellis Craig Kensington, which sought approval for the Jellis Craig (Kensington) Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred around the terms of the proposed enterprise agreement and whether it met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the application and was tasked with determining whether the agreement should be certified as meeting the legal standards for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically whether it contained all the mandated minimum entitlements, was free from prohibited content, and had been negotiated in good faith. The Commission had to examine the specific clauses of the agreement to determine if they satisfied the statutory requirements and if the agreement as a whole could be certified as meeting the necessary standards.

In rendering its decision, the Commission considered the provisions of the Fair Work Act and the specific terms of the enterprise agreement. It found that the agreement contained all the mandated minimum entitlements, was free from prohibited content, and had been negotiated in good faith. The Commission was satisfied that the agreement met all the necessary criteria for approval and therefore certified the Jellis Craig (Kensington) Enterprise Agreement 2016. The decision was made in favour of Jellis Craig Kensington, allowing the enterprise agreement to proceed to the next stage of the approval process.

The Fair Work Commission approved the application for the certification of the Jellis Craig (Kensington) Enterprise Agreement 2016, allowing the agreement to proceed to the next stage of the approval process. The Commission found that the agreement met all the statutory requirements and was certified as meeting the necessary standards for approval under the Fair Work Act.

Jellis Craig Kensington Pty Ltd ATF Jellis Craig (Kensington) Sales Unit Trust T/A Jellis Craig Kensington

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established