DECISION

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

LIN CORR Pty Ltd T/A LJ Hooker Currumbin
(AG2014/10529)

LJ HOOKER CURRUMBIN ENTERPRISE AGREEMENT 2014.

Real estate industry
COMMISSIONER BULL	SYDNEY, 29 JANUARY 2015

Application for approval of the LJ Hooker Currumbin Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the LJ Hooker Currumbin Enterprise Agreement 2014 (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] 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.

[3] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 5 February 2015. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, LIN CORR Pty Ltd, trading as LJ Hooker Currumbin, applied for approval of the LJ Hooker Currumbin Enterprise Agreement 2014. The application was made under the Fair Work Act 2009, and the dispute involved the classification and remuneration of employees working within the real estate agency. The employees were represented by the Australian Services Union, which raised concerns about the terms of the proposed agreement, particularly regarding the classification of roles and the associated pay rates.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of ensuring that it provided for fair and reasonable terms and conditions of employment. The Commission needed to assess whether the agreement appropriately balanced the rights and interests of the employer and the employees, and whether it complied with the "better off overall test". This test requires that employees be no worse off and at least some employees be better off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement was fair and reasonable, as it provided for appropriate classification and remuneration that reflected the roles and responsibilities of the employees. It concluded that the agreement was consistent with the objectives of the Fair Work Act, ensuring that employees were not disadvantaged and that there was a reasonable balance of interests between the parties. The Commission approved the agreement, noting that it met the better off overall test as some employees would experience improved financial outcomes. This decision was based on the detailed submissions and evidence presented by both parties, which demonstrated that the agreement was in the best interests of the workforce.

LIN CORR Pty Ltd T/A LJ Hooker Currumbin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established