Jellis Craig Pascoe Vale Pty Ltd T/A Jellis Craig Northern

[2023] FWCA 3025

[2023] FWCA 3025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jellis Craig Pascoe Vale Pty Ltd T/A Jellis Craig Northern

(AG2023/3063)

JELLIS CRAIG PASCOE VALE PTY LTD ENTERPRISE AGREEMENT 2023

Real estate industry
COMMISSIONER YILMAZ	MELBOURNE, 19 SEPTEMBER 2023

Application for approval of the Jellis Craig Pascoe Vale Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Jellis Craig Pascoe Vale Pty Ltd Enterprise Agreement 2023 (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 Pascoe Vale Pty Ltd T/A Jellis Craig Northern. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

1. I observe that the provision of the Agreement regarding abandonment of employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1 of the undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 26 September 2023. The nominal expiry date of the Agreement is 19 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521556  PR766359>

Annexure A