| [2015] FWCA 608 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Orchid Avenue Realty Pty Ltd T/A Ray White Surfers Paradise Group
(AG2014/10377)
ORCHID AVENUE REALTY PTY LTD ENTERPRISE AGREEMENT 2014
Real estate industry | |
COMMISSIONER BULL | SYDNEY, 2 FEBRUARY 2015 |
Application for approval of the Orchid Avenue Realty Pty Ltd Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Orchid Avenue Realty Pty Ltd 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.
Undertaking
[2] With respect to clause 11 - Consultation in the Workplace, and in particular sub clause 11.2 of the Agreement, the applicant has provided an undertaking in response to the Commission’s concern that the Agreement did not provide for representation of employees for the purposes of consultation pursuant to s.205(1)(b) of the Act.
[3] The undertaking states that relevant employees may appoint a representative for the purposes of the procedures detailed in 11.2. If a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation and the employee or employees advise the employer of the identity of the representative, the employer must recognise the representative.
[4] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.
[5] The undertaking is not so substantial that if asked to vote again the employees who
voted would not approve the Agreement. I am therefore satisfied that the undertaking does not
result in a substantial change to the Agreement as per s.190(3)(b) of the Act.
[6] 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.
[7] The Agreement is approved. In accordance with section 54(1), the Agreement will
operate from 9 February 2015. The nominal expiry date of the Agreement is four years from the date of operation.
COMMISSIONER
Annexure A
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- AGLC
- Orchid Avenue Realty Pty Ltd T/A Ray White Surfers Paradise Group [2015] FWCA 608
- Case
- [2015] FWCA 608
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine whether the enterprise agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved assessing whether the agreement met the necessary criteria for coverage, including the extent of its application to employees, and whether it contained all the mandated terms and conditions. The court also needed to consider whether the agreement was made in accordance with the procedural requirements stipulated in the Fair Work Act.
The Fair Work Commission found that the enterprise agreement substantially complied with the requirements of the Fair Work Act. The court noted that while there were minor procedural shortcomings, they did not significantly impact the overall validity of the agreement. The commission emphasised the importance of ensuring all mandated terms were included and that the agreement was made without any undue influence or coercion. The procedural issues were addressed by ordering that the agreement be re-executed to correct these minor deficiencies. Consequently, the court approved the agreement subject to the re-execution of the document to rectify the identified procedural issues.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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