Kelell Pty Ltd

[2016] FWCA 507

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Kelell Pty Ltd T/A Jays Real Estate
(AG2016/2003)
JAYS REAL ESTATE ENTERPRISE AGREEMENT 2015
Real estate industry
COMMISSIONER SPENCER	BRISBANE, 25 JANUARY 2016

Application for approval of the Jays Real Estate Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Jays Real Estate Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kelell Pty Ltd

T/A Jays Real Estate. The Agreement is a single-enterprise agreement.

[2] A written undertaking has been provided in relation to the dispute settlement

procedure. The undertaking has been provided by the employer and is attached to the

Agreement. In accordance with s.191 of the Act, the undertakings are taken to be terms of the

Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are

relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 days after the agreement is approved, that is, 1 February 2016. The nominal expiry date of

the Agreement is 25 January 2020.

COMMISSIONER

[2016] FWCA 507

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kelell Pty Ltd, trading as Jays Real Estate, the applicant sought approval for the Jays Real Estate Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The applicant, an enterprise in the real estate industry, had submitted the agreement for assessment and subsequent approval by the Fair Work Commission. The central issue before the Commissioner was whether the agreement met the necessary statutory requirements outlined in sections 186, 187, and 188 of the Fair Work Act, particularly in terms of its compliance with the legal framework governing enterprise agreements.

The Commissioner found that all the stipulated requirements under the Act were indeed fulfilled. The applicant had provided a written undertaking regarding the dispute settlement procedure, which was attached to the agreement and thus considered as part of its terms. This compliance ensured that the agreement was valid and enforceable under the law. Consequently, the Commissioner approved the agreement, noting that it would commence operation seven days after the approval, specifically on 1 February 2016. The agreement was set to expire on 25 January 2020, as per its nominal expiry date.

In summary, the Commissioner confirmed that the Jays Real Estate Enterprise Agreement 2015 was in compliance with the Fair Work Act and met all necessary statutory requirements. The agreement was thus approved, effective from 1 February 2016, until its expiry on 25 January 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established