Noosa Resort Management Pty Ltd T/A Richardson and Wrench Noosa

[2014] FWCA 179

FAIR WORK COMMISSION

DECISION

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

Noosa Resort Management Pty Ltd T/A Richardson and Wrench Noosa
(AG2013/11989)

RICHARDSON AND WRENCH NOOSA ENTERPRISE AGREEMENT 2013 - 2016

Real estate industry
COMMISSIONER BULL	SYDNEY, 8 JANUARY 2014

Application for approval of the Richardson and Wrench Noosa Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Richardson and Wrench Noosa Enterprise Agreement 2013 - 2016 (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 15 January 2014. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Noosa Resort Management Pty Ltd, trading as Richardson and Wrench Noosa, applied for the approval of the Richardson and Wrench Noosa Enterprise Agreement 2013-2016. The application was made to the Fair Work Commission, which was required to assess whether the agreement met the criteria set out in the Fair Work Act 2009. The dispute centred on the terms of the proposed enterprise agreement and whether they complied with the requirements for approval under the legislation.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained all the mandated terms and conditions, if it was made in good faith, and if it provided for proper procedures for its variation and termination. Additionally, the Commission needed to ensure that the agreement did not undermine the operation of the safety net of minimum wages and entitlements.

The Fair Work Commission found that the enterprise agreement met the statutory requirements for approval. The agreement contained all the mandated terms and conditions, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and provided appropriate procedures for its variation and termination. As a result, the Commission approved the Richardson and Wrench Noosa Enterprise Agreement 2013-2016, confirming its compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established