DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter Lees Real Estate
(AG2014/10385)

PETER LEES REAL ESTATE ADMINISTRATIVE ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Peter Lees Real Estate Administrative Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Peter Lees Real Estate Administrative Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peter Lees Real Estate. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Peter Lees Real Estate. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 8 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In this case, Peter Lees Real Estate sought approval for the Peter Lees Real Estate Administrative Enterprise Agreement 2014. The applicant argued that the agreement should be approved as it complied with the relevant provisions of the Fair Work Act 2009. The applicant submitted that the agreement covered employees who were appropriately represented by the union, and that the union had certified the agreement in accordance with the requirements of the Act.

The central legal issues before the court were whether the agreement was appropriately certified by a certified union, and whether it complied with the relevant provisions of the Act. The court needed to determine whether the agreement was made in good faith, and whether it was appropriate to approve the agreement in the circumstances. The court also considered whether the agreement contained all the required minimum terms and conditions of employment, and whether it was consistent with the objects of the Act.

The court found that the agreement was appropriately certified by a certified union, and that the union had followed the necessary procedures in certifying the agreement. The court also determined that the agreement complied with the relevant provisions of the Act, and contained all the required minimum terms and conditions of employment. The court was satisfied that the agreement had been made in good faith, and that it was appropriate to approve the agreement in the circumstances. The court noted that the agreement provided for appropriate dispute resolution mechanisms and contained provisions that were consistent with the objects of the Act.

As a result, the court approved the Peter Lees Real Estate Administrative Enterprise Agreement 2014, and the agreement is now registered under the Fair Work Act 2009. The approval is effective from the date of registration and applies to all employees covered by the agreement.

Peter Lees Real Estate

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established