MBL Property Group Pty Ltd T/A Ray White New Farm Summary

[2013] FWCA 5586

FAIR WORK COMMISSION

DECISION

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

MBL Property Group Pty Ltd T/A Ray White New Farm
(AG2013/1890)

RAY WHITE NEW FARM ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 12 AUGUST 2013

Application for approval of the Ray White New Farm Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ray White New Farm Enterprise Agreement 2013 (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 with respect to clause 54 - Ordinary hours, which provides the ordinary hours of work for clerical employees covered by the Agreement. The ordinary span of hours at subclause 54.2 appeared to have been greater than the span of hours provided for in the Clerks - Private Sector Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test that would cover clerical employees under the Agreement.

[3] The Applicant has advised the Commission that it relies upon subclause 25.1(b) of the Award, that where an employee works in association with other classes of employees who work ordinary hours outside the spread prescribed by the Award, the hours during which ordinary hours may be worked are as prescribed by the modern award applying to the majority of the employees.

[4] The Applicant has advised the Commission that the majority of employees are covered by the Real Estate Industry Award 2010. I am satisfied from the response of the Applicant that clerical employees covered by the Agreement will be better off overall.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 August 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, MBL Property Group Pty Ltd trading as Ray White New Farm, sought approval of the Ray White New Farm Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose between the applicant, the employer, and the respondents, the employees represented by the Real Estate Institute of Queensland. The primary contention was whether the proposed enterprise agreement, which contained provisions on wages, hours of work, and other employment conditions, met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for fair and reasonable terms, whether it was negotiated in good faith, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement was in the best interest of the employees and whether it provided adequate protections against adverse actions. The central question was whether the agreement met the threshold criteria for approval as a single interest employer agreement.

The Fair Work Commission found that the Ray White New Farm Enterprise Agreement 2013 was fair and reasonable, having been negotiated in good faith. The court considered the submissions from both parties and the evidence presented regarding the nature of the bargaining process. The agreement was deemed to provide for fair and reasonable terms of employment, ensuring adequate wage increases and other benefits for the employees. The court also found that the agreement was in the best interests of the employees, providing them with protections against adverse actions and addressing their needs and concerns. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Ray White New Farm Enterprise Agreement 2013, effective from the date of the decision. The agreement was registered with the Fair Work Ombudsman, and the parties were directed to implement the terms of the agreement in accordance with the decision. The approval ensured that the employees would benefit from the agreed-upon terms, and the employer could operate under the new agreement, which was considered fair and reasonable by the court.

MBL Property Group Pty Ltd T/A Ray White New Farm

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established