Jellis Craig MMM Pty Ltd ATF Jellis Craig MMM PM Unit Trust T/A Jellis Craig Mornington Summary

[2024] FWCA 2640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jellis Craig MMM Pty Ltd ATF Jellis Craig MMM PM Unit Trust T/A Jellis Craig Mornington

(AG2024/2204)

JELLIS CRAIG MMM PTY LTD ENTERPRISE AGREEMENT 2024

Real estate industry
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2024

Application for approval of the Jellis Craig MMM Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Jellis Craig MMM Pty Ltd Enterprise Agreement 2024 (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 MMM Pty Ltd ATF Jellis Craig MMM PM Unit Trust T/A Jellis Craig Mornington. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 23 July 2024. The nominal expiry date of the Agreement is 15 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Jellis Craig MMM Pty Ltd, trading as Jellis Craig Mornington, involved an application for the approval of the Enterprise Agreement 2024. The applicant, represented by counsel, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees' representatives, which led to the proposed agreement.

The primary legal issue before the Commission was whether the Enterprise Agreement 2024 met the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness, the avoidance of unprotected industrial action, and the protection of employees' rights. The Commission also needed to determine whether the agreement had been made in good faith and whether it contained appropriate provisions for the protection of employees' interests.

After considering the submissions from both parties and reviewing the terms of the agreement, the Commission found that the Enterprise Agreement 2024 was made in good faith and contained appropriate provisions for the protection of employees' interests. The Commission was satisfied that the agreement was procedurally fair, did not encourage unprotected industrial action, and was consistent with the objectives of the Fair Work Act 2009. Consequently, the Commission approved the agreement as a registered agreement under the Act.

In summary, the Fair Work Commission approved the Enterprise Agreement 2024, finding it to be in compliance with the relevant statutory requirements. The decision was based on the Commission's determination that the agreement was made in good faith, did not encourage unprotected industrial action, and adequately protected the interests of the employees.

Jellis Craig MMM Pty Ltd ATF Jellis Craig MMM PM Unit Trust T/A Jellis Craig Mornington

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established