Orchid Lane Pty Ltd ATF The Malan Family Trust T/A Ray White Broadbeach

[2014] FWCA 1583

FAIR WORK COMMISSION

DECISION

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

Orchid Lane Pty Ltd ATF The Malan Family Trust T/A Ray White Broadbeach
(AG2014/339)

RAY WHITE BROADBEACH ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 6 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Ray White Broadbeach 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 13 March 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

The applicant, Orchid Lane Pty Ltd, trading as Ray White Broadbeach, applied to the Fair Work Commission for approval of the Ray White Broadbeach Enterprise Agreement 2013. The application arose from negotiations between the applicant and the Real Estate Institute of Queensland, acting on behalf of its members employed by the applicant. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for fair and equitable terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement provided for the terms and conditions of employment that were fair and equitable. This involved assessing the agreement against the provisions of the Fair Work Act, which mandates that enterprise agreements must ensure procedural fairness, meet the better off overall test, and contain certain mandatory terms. Additionally, the Commission needed to ensure that the agreement complied with the requirements for its registration and operation.

In its decision, the Commission found that the Ray White Broadbeach Enterprise Agreement 2013 satisfied the statutory requirements for approval. The agreement was deemed to provide for fair and equitable terms and conditions of employment, meeting the better off overall test and including all mandatory terms required by the Fair Work Act. The Commission also noted that the agreement was made in accordance with the relevant procedural requirements. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Ray White Broadbeach Enterprise Agreement 2013, finding it met the statutory requirements for fairness and procedural integrity. The agreement was registered, and the applicant's application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established