Quora Property Pty Ltd T/A Ray White Sandgate
[2024] FWCA 1133
•28 MARCH 2024
| [2024] FWCA 1133 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Quora Property Pty Ltd T/A Ray White Sandgate
(AG2024/704)
QUORA PROPERTY PTY LTD ENTERPRISE AGREEMENT 2024
| Real estate industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 28 MARCH 2024 |
Application for approval of the Quora Property Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Quora Property Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quora Property Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Agreement in its scope clause includes an additional entity (employees of Aspley Property Partners Pty Ltd). The Applicant has provided submissions that this was an error. I note it is not referred to in any other part of the Enterprise Agreement and/or its accompanying material including the Ballot Instructions and explanatory information. The Applicant has provided an undertaking to correct this error. I am satisfied that in this matter it amounts to a minor technical error and that the employees were unlikely to have been disadvantaged by this error and that the agreement has been genuinely agreed to by the employees covered by the Agreement. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, the precedence term at clause 1.3.3 and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 27 March 2028.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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