Lancush Pty Ltd as representative of the partnership of H McCooey Pty Ltd in partnership with Lanc Group Pty Ltd (ABN:95355937650) T/A Living Here Cush Partners, Living Here Teneriffe, Living Here New Farm and Ray...

[2019] FWCA 590

[2019] FWCA 590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lancush Pty Ltd as representative of the partnership of H McCooey Pty Ltd in partnership with Lanc Group Pty Ltd (ABN:95355937650) T/A Living Here Cush Partners, Living Here Teneriffe, Living Here New Farm and Ray White New Farm
(AG2018/3582)

LANCUSH ENTERPRISE AGREEMENT 2018

Real estate industry
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Lancush Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lancush Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lancush Pty Ltd as representative of the partnership of H McCooey Pty Ltd in partnership with Lanc Group Pty Ltd T/A Living Here Cush Partners, Living Here Teneriffe, Living Here New Farm and Ray White New Farm. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.13- Abandonment of work.

•  Clause 20.4- Property Sales Representative (Commission only).

•  Clause 68.8(f)-(g)-Personal/Carer’s leave and compassionate leave entitlement.

•  Clause 15.6- Casual employees.

•  Clause 17.12- Termination.

However, noting clause 3.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

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Annexure A