Keith Nicholson Pty Ltd T/A Ray White Shailer Park

[2013] FWCA 9258

[2013] FWCA 9258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Keith Nicholson Pty Ltd T/A Ray White Shailer Park
(AG2013/11483)

RAY WHITE SHAILER PARK ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 25 NOVEMBER 2013

Application for approval of the Ray White Shailer Park Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Shailer Park Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] With respect to Part 4 - Clerical Staff, and in particular, clause 4.7.2 - Meal Allowance, I note that the Agreement provides a meal allowance that is marginally less then what the Clerks - Private Sector Award 2010 (the Award) provides, being the relevant modern award for the purposes of the better off overall test. However, upon review of the wage rates under the Agreement I am satisfied that the higher rates of pay compensates for the meal allowance being less than the Award with respect to clerical employees covered by the Agreement.

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

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 2 December 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

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