DECISION

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

Norfolk Realty Pty Ltd
(AG2014/8316)

LJ HOOKER ORMEAU ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 19 DECEMBER 2014

Application for approval of the LJ Hooker Ormeau Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the LJ Hooker Ormeau Enterprise Agreement 2014. (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 26 December 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norfolk Realty Pty Ltd sought approval of the LJ Hooker Ormeau Enterprise Agreement 2014 from the Fair Work Commission, which was contested by the Retail and Fast Food Workers Union of Australia. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the scope of the agreement and the rights of employees and employers under the act. The commission was required to determine if the agreement was genuinely a bargain between the parties, if it met the requirements for a single-enterprise agreement, and if it complied with the provisions of the Fair Work Act regarding employee protections and employer obligations.

The commission examined the process through which the agreement was negotiated and the extent to which it involved genuine bargaining. It was found that the negotiation process was legitimate, with sufficient representation of both parties. The agreement was scrutinised to ensure it genuinely reflected a bargain between the parties, and it was concluded that it did. The commission also assessed if the agreement covered a single enterprise and was found to be valid in this respect. Furthermore, the agreement was checked for compliance with the Fair Work Act, and it was determined that it adequately protected employees while respecting the rights of employers.

Ultimately, the commission found that the LJ Hooker Ormeau Enterprise Agreement 2014 met all the statutory requirements and approved it. The decision underscored the importance of genuine bargaining, proper representation, and compliance with employee protections. The approval of the agreement facilitates a balanced relationship between the parties and ensures that the rights and obligations under the Fair Work Act are upheld. The final orders confirmed the approval of the agreement and mandated its registration with the Fair Work Commission.

Norfolk Realty Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established