Results Not Promises Pty Ltd T/A LJ Hooker Pacific Pines Summary

[2014] FWCA 6003

FAIR WORK COMMISSION

DECISION

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

Results Not Promises Pty Ltd T/A LJ Hooker Pacific Pines
(AG2014/8710)

LJ HOOKER PACIFIC PINES ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 1 SEPTEMBER 2014

Application for approval of the LJ Hooker Pacific Pines Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the LJ Hooker Pacific Pines 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 8 September 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Results Not Promises Pty Ltd, trading as LJ Hooker Pacific Pines, which applied for approval of the LJ Hooker Pacific Pines Enterprise Agreement 2014. The Fair Work Commission was tasked with determining the fairness of the proposed agreement under the Fair Work Act 2009. The Commission needed to assess whether the agreement met the 'better off overall test', which requires that employees should be no worse off financially and, in most cases, better off overall compared to their previous conditions.

The legal issues at the heart of the decision revolved around whether the proposed enterprise agreement provided fair and reasonable terms for employees. This included evaluating the financial provisions of the agreement, such as wages, allowances, and conditions, against the existing terms of employment. The Commission also considered the fairness of non-financial terms, ensuring they did not unjustifiably disadvantage employees. Another critical issue was whether the agreement allowed for adequate consultation and representation for employees.

The Commission found that the proposed agreement was fair and reasonable. It determined that employees would be better off overall due to improved conditions and remuneration. The financial provisions were deemed adequate, with the agreement offering competitive wages and benefits. The non-financial terms were also found to be fair, providing appropriate safeguards and protections for employees. The Commission was satisfied that the agreement facilitated meaningful consultation and representation, aligning with statutory requirements.

As a result, the Fair Work Commission approved the LJ Hooker Pacific Pines Enterprise Agreement 2014. This approval allows the agreement to be registered and enforceable, providing a stable framework for employment terms between the company and its employees. The decision ensures that the agreement complies with the Fair Work Act and protects the interests of both the employer and employees.

Results Not Promises Pty Ltd T/A LJ Hooker Pacific Pines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established