Panbar (Cairns) Pty Ltd ATF the Manthik Trust in partnership with Indorato Enterprises Pty Ltd ATF the Indorato Family Trust T/A Ray White Smithfield

[2013] FWCA 5588

[2013] FWCA 5588

FAIR WORK COMMISSION

DECISION

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

Panbar (Cairns) Pty Ltd ATF the Manthik Trust in partnership with Indorato Enterprises Pty Ltd ATF the Indorato Family Trust T/A Ray White Smithfield
(AG2013/1790)

RAY WHITE SMITHFIELD ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 12 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Ray White Smithfield 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] The Commission wrote to the Applicant with respect to clause 54 - Ordinary hours, which provides the ordinary hours of work for clerical employees covered by the Agreement. The ordinary span of hours at subclause 54.2 appeared to have been greater than the span of hours provided for in the Clerks - Private Sector Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test that would cover clerical employees under the Agreement.

[3] The Applicant has advised the Commission that it relies upon subclause 25.1(b) of the Award, that where an employee works in association with other classes of employees who work ordinary hours outside the spread prescribed by the Award, the hours during which ordinary hours may be worked are as prescribed by the modern award applying to the majority of the employees.

[4] The Applicant has advised the Commission that the majority of employees are covered by the Real Estate Industry Award 2010 and that clerical employees who work on a Saturday will be paid 1.25 of the base rate for all hours worked that day. I am satisfied from the response of the Applicant that clerical employees covered by the Agreement will be better off overall.

[5] 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.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 August 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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