Lanjack Pty Ltd T/A Denovans Real Estate Summary

[2021] FWCA 6015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lanjack Pty Ltd T/A Denovans Real Estate
(AG2021/6310)

LANJACK PTY LTD ENTERPRISE AGREEMENT

Real estate industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 SEPTEMBER 2021

Application for approval of the Lanjack Pty Ltd Enterprise Agreement

[1] Lanjack Pty Ltd T/A Denovans Real Estate applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Lanjack Pty Ltd Enterprise Agreement (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] Concerns about whether in relation to the operation of certain clauses of the Agreement and whether the Agreement passes the better off overall test, were raised with the Employer in correspondence to its representative and at a hearing conducted for the purposes of the Employer being given an opportunity to respond to those concerns. Undertakings were subsequently provided by the Employer in response. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the undertakings address the concerns and that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 October 2021. The nominal expiry date of the Agreement is 27 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve an enterprise agreement between Lanjack Pty Ltd, trading as Denovans Real Estate, and its employees. The agreement was proposed as a means to regulate the terms and conditions of employment for the workers in the real estate sector. The dispute arose from disagreements over the proposed terms, which both parties sought to have recognised as a legally binding agreement. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved whether the proposed agreement was in compliance with the provisions of the Act, particularly regarding the coverage of the agreement, the process through which it was negotiated, and whether the agreement was made in good faith. The Commission had to consider whether the agreement provided for a fair and efficient workplace while also ensuring the employees' rights were protected. Additionally, the Commission examined whether the agreement was free from any illegality or coercion, and whether it adhered to the minimum standards set out by the relevant awards and regulations.

The Fair Work Commission found that the proposed enterprise agreement was valid and met the necessary legal criteria. The Commission noted that the agreement was negotiated in good faith and covered all relevant employees. The Commission was satisfied that the process through which the agreement was negotiated was fair and transparent, and that the agreement itself provided for a fair and efficient workplace. The Commission also determined that the agreement complied with the minimum standards set out in relevant awards and regulations. Consequently, the Commission approved the proposed enterprise agreement, recognising it as a legally binding document that governs the terms and conditions of employment for the employees of Lanjack Pty Ltd, trading as Denovans Real Estate.

Lanjack Pty Ltd T/A Denovans Real Estate

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established