Neal Young Real Estate Pty Ltd ATF Neal Young Family Trust T/A Ray White Moorooka

[2013] FWCA 8755

FAIR WORK COMMISSION

DECISION

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

Neal Young Real Estate Pty Ltd ATF Neal Young Family Trust T/A Ray White Moorooka
(AG2013/9677)

RAY WHITE MOOROOKA ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 7 NOVEMBER 2013

Application for approval of the Ray White Moorooka Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Moorooka 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] 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.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 November 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

Neal Young Real Estate Pty Ltd, trading as Ray White Moorooka, sought approval for the Ray White Moorooka Enterprise Agreement 2013, which was intended to govern the employment conditions of its employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant industrial legislation and whether it should be approved as a certified agreement.

The primary legal issue before the Commission was whether the proposed agreement met the necessary criteria for certification under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely a bargain between the employer and the employees, whether it covered all employees and bargaining units, and whether it included the mandatory terms and conditions as prescribed by the Act. The Commission also needed to consider if the agreement was made in good faith and whether it complied with procedural fairness.

The Commission found that the agreement was genuinely a product of bargaining between the employer and the employees, as it had been negotiated over an extended period with input from both parties. The agreement covered all relevant employees and bargaining units, and it contained all the mandatory terms and conditions as required by the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith and that the process leading to its creation was procedurally fair. Consequently, the Commission approved the Ray White Moorooka Enterprise Agreement 2013 as a certified agreement.

The Fair Work Commission approved the Ray White Moorooka Enterprise Agreement 2013 as a certified agreement, effective from the date of the decision. This approval means that the agreement will govern the employment conditions of the employees until a new agreement is certified or until the existing agreement is terminated or varied in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established