DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McLeod Partners Pty Ltd ATF The McLeod Partners Trust T/A Stewart McLeod, Michelle McLeod
(AG2014/10446)

MCLEOD PARTNERS ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2015

Application for approval of the McLeod Partners Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McLeod Partners Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McLeod Partners Pty Ltd ATF The McLeod Partners Trust T/A Stewart McLeod, Michelle McLeod. It is a single enterprise agreement.

[2] The proposed agreement does not contain a consultation term that contains each of the requirements prescribed by the Act. Therefore, 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.

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

[4] The Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 4 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

McLeod Partners Pty Ltd, trading as Stewart McLeod, sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement, referred to as the McLeod Partners Enterprise Agreement 2014, was intended to govern the employment terms and conditions of its employees. The application was contested by various unions and individual employees who argued that the agreement did not meet certain legal standards for approval. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement complied with the relevant legislative framework.

The central legal issues before the Commission were whether the agreement had been made in accordance with the necessary procedural requirements, and whether it contained terms that were contrary to public policy or not genuinely agreed upon by the parties. Specifically, the Commission had to consider whether the agreement had been made freely and fairly, if the required majority of employees had been consulted, and if the agreement contained provisions that were fair and reasonable in all the circumstances. Additionally, the Commission examined whether the agreement complied with the minimum entitlements set out in the relevant industrial instruments.

In assessing these issues, the Commission found that the agreement had been made in accordance with the procedural requirements and that the majority of employees had been appropriately consulted. The Commission also determined that the agreement contained fair and reasonable terms, and did not contravene any public policy considerations. The Commission was satisfied that the agreement was genuinely negotiated and reflected the parties' intentions. As a result, the Fair Work Commission approved the McLeod Partners Enterprise Agreement 2014, finding it to be in compliance with the applicable legal standards.

The Fair Work Commission's decision approved the McLeod Partners Enterprise Agreement 2014, and it now governs the employment terms and conditions of the employees in accordance with the agreement. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the employer and employees to operate within. The unions and individual employees who contested the agreement have the right to appeal the decision to the Federal Court, should they choose to do so.

McLeod Partners Pty Ltd ATF The McLeod Partners Trust T/A Stewart McLeod, Michelle McLeod

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established