Jellis Craig North Side (Sales) Pty Ltd T/A Jellis Craig Fitzroy and Jellis Craig Northcote

[2022] FWCA 2412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jellis Craig North Side (Sales) Pty Ltd T/A Jellis Craig Fitzroy and Jellis Craig Northcote

(AG2022/2146)

Jellis Craig North Side Enterprise Agreement 2022

Real estate industry
COMMISSIONER WILSON	MELBOURNE, 19 JULY 2022

Application for approval of the Jellis Craig North Side Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Jellis Craig North Side Enterprise Agreement 2022 (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 North Side (Sales) Pty Ltd T/A Jellis Craig Fitzroy and Jellis Craig Northcote. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 19 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Jellis Craig North Side Enterprise Agreement 2022 was brought before the Fair Work Commission by Jellis Craig North Side (Sales) Pty Ltd, trading as Jellis Craig Fitzroy and Jellis Craig Northcote. The dispute centred on the terms and conditions of employment as set out in the proposed enterprise agreement. The company sought to implement the agreement, which had been negotiated with relevant employee representatives, and requested the Commission's approval to ensure it was compliant with the Fair Work Act 2009.

The primary legal issues that the Commission needed to resolve involved the compliance of the proposed enterprise agreement with the statutory requirements under the Fair Work Act. This included assessing whether the agreement met the criteria for being a "better off overall" agreement, ensuring that it did not undermine any existing entitlements, and confirming that the agreement was fairly and genuinely negotiated. Additionally, the Commission examined the procedural fairness of the negotiation process to ensure it adhered to the necessary legal standards.

The Commission found that the proposed agreement was consistent with the legislative framework and did not disadvantage the employees. It determined that the agreement was genuinely negotiated and met the "better off overall" test. The Commission also concluded that the negotiation process was procedurally fair, with all necessary steps taken to ensure employee representatives had the opportunity to participate fully. Accordingly, the application for approval was successful, and the enterprise agreement was certified as meeting the statutory requirements.

The Fair Work Commission certified the Jellis Craig North Side Enterprise Agreement 2022 as meeting the necessary legal standards and approved its implementation. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established