Prels Pty Ltd T/A Ray White Dalby; Eastern Rural Pty Ltd T/A Ray White Dalby

[2014] FWCA 7972

FAIR WORK COMMISSION

DECISION

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

Prels Pty Ltd T/A Ray White Dalby; Eastern Rural Pty Ltd T/A Ray White Dalby
(AG2014/8058)

PRELS PTY LTD & EASTERN RURAL PTY LTD ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Prels Pty Ltd & Eastern Rural Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Prels Pty Ltd & Eastern Rural 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.

[2] 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] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 18 November 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

In this case, the applicants, Prels Pty Ltd trading as Ray White Dalby and Eastern Rural Pty Ltd trading as Ray White Dalby, sought approval of their Enterprise Agreement 2014. The application was heard in the Fair Work Commission, which was tasked with assessing the fairness and compliance of the agreement with relevant legislation. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for the proper and timely payment of wages, entitlements, and benefits, and if it adhered to the procedural requirements for the negotiation and certification of enterprise agreements. Additionally, the court examined if the agreement had been genuinely negotiated and if it met the "better-off, overall test," meaning whether the agreement would provide a net benefit to the employees.

The Fair Work Commission concluded that the agreement was fairly negotiated and met all the statutory requirements. The court determined that the agreement provided for the payment of wages and entitlements in a manner consistent with the law and that it satisfied the procedural prerequisites. Furthermore, the Commission found that the agreement would result in a net benefit to the employees, thus fulfilling the "better-off, overall test." Consequently, the application for approval of the Enterprise Agreement 2014 was successful.

The Fair Work Commission approved the Enterprise Agreement 2014 of Prels Pty Ltd and Eastern Rural Pty Ltd. The decision confirmed the agreement as compliant with the Fair Work Act 2009 and suitable for implementation. This ruling ensures that the terms and conditions of employment for the employees covered by the agreement are legally sound and beneficial.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established