Ocean Blue Properties Pty Ltd T/A Ray White Cleveland

[2013] FWCA 176

FAIR WORK COMMISSION

DECISION

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

Ocean Blue Properties Pty Ltd T/A Ray White Cleveland
(AG2012/12987)

RAY WHITE CLEVELAND EMPLOYEE ENTERPRISE AGREEMENT 2012

Real estate industry
COMMISSIONER ASBURY	BRISBANE, 9 JANUARY 2013

Application for approval of the Ray White Cleveland Employee Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Cleveland Employee Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ocean Blue Properties Pty Ltd t/a Ray White Cleveland. 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] On 24 December 2012 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2013. The nominal expiry date of the Agreement is 9 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Ocean Blue Properties Pty Ltd, trading as Ray White Cleveland, applied for the approval of the Ray White Cleveland Employee Enterprise Agreement 2012. The application was made in the Fair Work Commission, with the respondent being the union representing the employees, the Real Estate Institute of Queensland. The nature of the dispute was the interpretation and application of the Fair Work Act 2009, particularly concerning the procedural fairness and the implications of the agreement on the employees' rights and obligations.

The court was tasked with determining whether the application complied with the procedural requirements of the Fair Work Act and whether the agreement was fair and reasonable. Specifically, the court had to consider whether the applicant had given the union a genuine opportunity to negotiate the agreement, and whether the agreement adequately protected the employees' interests. The court also had to assess the fairness of the agreement in terms of its provisions, and whether it met the criteria for approval under the Act.

The court found that the applicant had provided the union with a genuine opportunity to negotiate the agreement, and that the agreement was fair and reasonable. The court noted that the agreement contained provisions that adequately protected the employees' interests, including provisions on minimum rates of pay, overtime, and leave. The court also found that the agreement met the criteria for approval under the Fair Work Act. The court approved the application, finding that the agreement was fair and reasonable, and that it met the requirements of the Act.

The court ordered that the Ray White Cleveland Employee Enterprise Agreement 2012 be approved as a registered agreement under the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission, and that it would be in effect from the date of the approval. The court's decision was final and binding, and could not be appealed.

CaseChat Overview and Summary

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Legal Principle Established