Keith Nicholson Pty Ltd T/A Ray White Shailer Park Summary

[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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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Keith Nicholson Pty Ltd, trading as Ray White Shailer Park, to approve the Ray White Shailer Park Enterprise Agreement 2013. The application arose from negotiations between the employer and the employees represented by the Real Estate Institute of Queensland (REIQ) as the registered union. The dispute centred around the terms and conditions of employment, specifically whether the proposed agreement complied with the relevant industrial relations legislation.

The legal issues before the Commission involved determining if the proposed agreement met the criteria for approval under the Fair Work Act 2009. Key aspects included whether the agreement provided for fair and reasonable terms and conditions, if it had been genuinely negotiated, and if it satisfied the "better off overall test" (BOOT). The Commission also needed to consider the implications of the agreement on the employees' remuneration and entitlements.

The Fair Work Commission found that the proposed agreement was generally fair and reasonable, meeting the statutory requirements for approval. The Commission noted that the agreement provided for terms and conditions that were not worse off than the applicable award or registered agreement. It also found that the agreement had been genuinely negotiated and that the employees would be better off overall. The Commission took into account the employer's submissions, the union's arguments, and the overall context of the bargaining process. The decision balanced the need for fair outcomes for both parties while ensuring compliance with the legislative framework.

The Fair Work Commission approved the Ray White Shailer Park Enterprise Agreement 2013, effective from the date of the decision. The approval signified that the agreement met the necessary criteria and would regulate the employment terms and conditions for the employees covered by the agreement.

Keith Nicholson Pty Ltd T/A Ray White Shailer Park

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established