LOCAL AGENT EMPLOYEE COLLECTIVE AGREEMENT 2015

[2015] FWCA 2619

[2015] FWCA 2619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Set Date Sale Real Estate Pty Ltd
(AG2015/2033)

LOCAL AGENT EMPLOYEE COLLECTIVE AGREEMENT 2015

Real estate industry
COMMISSIONER BULL	SYDNEY, 16 APRIL 2015

Application for approval of the Local Agent Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Local Agent Employee Collective Agreement 2015 (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] The Commission wrote to the applicant, its legal representative and two employee bargaining representatives on 10 April 2015, with respect to Motor Vehicle Allowance provisions and Wages Rates.

[3] Correspondence was received from the applicant on 13 April 2015.

Motor Vehicle Allowance

[4] With respect to clause 3.6 - Motor Vehicle Allowance, the Commission noted that the Agreement makes reference to salespersons not being provided a motor vehicle allowance and expressed concern that any future salespersons employed may be worse off under the Agreement when compared to relevant reference instrument, these being the Real Estate Industry Award 2010 and the Clerks Private Sector Award 2010.

Undertaking

[5] An undertaking with respect to clause 3.6 - Motor Vehicle Allowance has been provided by the Employer stating that all employees, including Salespersons will be entitled to the Motor Vehicle Allowance.

Wage Rates

[6] With respect to Appendix 1 - Wage Rates, the Commission noted that the wage rates were identical to the wage rates contained in the relevant reference instruments, these being the Real Estate Industry Award 2010 and the Clerks Private Sector Award 2010. The applicant was asked to address the concern that the Agreement did not pass the better off overall test.

Undertaking

[7] An undertaking with respect to Appendix 1 - Wage Rates has been provided by the Employer that increases the wage rates above the relevant reference instruments.

[8] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[9] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 23 April 2015. The nominal expiry date of the Agreement is 3 years from the date of approval.

COMMISSIONER

Annexure A

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