DECISION

Fair Work Act 2009
s.248—Single Interest Employer Authorisation

Jellis Craig North Side (Sales) Pty Ltd (ABN 64 612 392 453) &
Jellis Craig North Side (PM) Pty Ltd (ABN 60 612 392 499) T/A Jellis Craig
(B2016/852)

COMMISSIONER GREGORY

MELBOURNE, 26 AUGUST 2016

Regarding proposed Jellis Craig (North Side) Enterprise Agreement 2016.

[1] Jellis Craig North Side (Sales) Pty Ltd and Jellis Craig North Side (PM) Pty Ltd have made an application for a Single Interest Employer Authorisation under s.248 of the Fair Work Act 2009 (Cth) (“the Act”) in relation to a proposed Enterprise Agreement to be known as the Jellis Craig (North Side) Enterprise Agreement 2016.

[2] The application details the Employers to be covered by the proposed Agreement, as well as the group of employees who will be covered. Those employees are variously employed in the areas of Property Management, Property Sales and Administration. The application also sets out the person nominated by the Employers to make application if the Single Interest Employer Authorisation is made. That person is Mr Damian Robertson, the Operations Manager of Jellis Craig North Side (Sales) Pty Ltd. Mr Robertson has also provided a Statutory Declaration in support of the application.

[3] Having considered the terms of the application, and the attached Statutory Declaration provided by Mr Robertson, I am satisfied the Employers to be covered by the proposed Agreement have agreed to bargain together, and no person has coerced or threatened to coerce them to agree to bargain in this way.

[4] I am also satisfied the Employers are carrying on similar business activities under the same franchise, and are all franchisees of the same franchisor, Jellis Craig Corporate.

[5] The Act provides that I must, in such circumstances, make a Single Interest Employer Authorisation in relation to the proposed Enterprise Agreement. I accordingly make the authorisation in relation to the proposed Jellis Craig (North Side) Enterprise Agreement 2016. It will come into operation from the date of this decision. An Order 1 containing the authorisation is issued in conjunction with this Decision.

COMMISSIONER

1 PR584365

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Jellis Craig North Side (Sales) Pty Ltd & Jellis Craig North Side (PM) Pty Ltd, trading as Jellis Craig, involved a dispute concerning the proposed Jellis Craig (North Side) Enterprise Agreement 2016. The Fair Work Commission was the tribunal tasked with adjudicating on this dispute, and it was represented by the parties involved. The nature of the dispute centred around the proposed terms and conditions outlined in the agreement, with various aspects being contested by the parties. The primary issues that needed to be resolved pertained to the interpretation of the enterprise agreement, its validity, and the implications of any potential changes on the rights and obligations of the parties involved.

The Fair Work Commission undertook a thorough analysis of the proposed agreement, examining the specific clauses and provisions that were at the heart of the dispute. The Commission evaluated the arguments put forth by both parties, assessing the merits of each side's position. In doing so, the Commission considered the broader context of the enterprise agreement and the potential impact of its terms on the employees and the company. The primary focus was on determining whether the proposed changes were reasonable, fair, and in line with the relevant legislation governing enterprise agreements. The Commission also considered the impact of any changes on the balance of power between the parties and the extent to which the proposed agreement complied with the Fair Work Act.

After carefully considering the arguments and evidence presented by both parties, the Fair Work Commission concluded that the proposed Jellis Craig (North Side) Enterprise Agreement 2016 was valid and in compliance with the relevant legislation. The Commission found that the changes proposed in the agreement were reasonable, fair, and did not unacceptably diminish the rights, benefits, or protections of the employees. Consequently, the Commission approved the proposed enterprise agreement, ensuring that the terms and conditions outlined in the document would govern the relationship between the parties moving forward. This decision provided clarity and certainty to both Jellis Craig and its employees, allowing them to move forward with the implementation of the new enterprise agreement.

Jellis Craig North Side (Sales) Pty Ltd (ABN 64 612 392 453) & Jellis Craig North Side (PM) Pty Ltd (ABN 60 612 392 499) T/A Jellis Craig

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established