Retail & Corporate Property Services Pty Ltd T/A LJ Hooker Surfers Paradise

[2014] FWCA 6357

FAIR WORK COMMISSION

DECISION

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

Retail & Corporate Property Services Pty Ltd T/A LJ Hooker Surfers Paradise
(AG2014/7272)

LJ HOOKER SURFERS PARADISE ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 11 SEPTEMBER 2014

Application for approval of the LJ Hooker Surfers Paradise Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the LJ Hooker Surfers Paradise 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 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

In the Fair Work Commission, Retail & Corporate Property Services Pty Ltd, trading as LJ Hooker Surfers Paradise, sought approval of the LJ Hooker Surfers Paradise Enterprise Agreement 2014. The applicant sought to implement the agreement, which included various terms and conditions of employment for employees within the business. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement complied with the requirements of the Act.

The primary legal issues before the Commission involved whether the agreement met the statutory criteria for being a simple, low-risk enterprise agreement. This included assessing whether the agreement was fairly negotiated, complied with the procedural requirements, and met the standards of good faith bargaining. Further, the Commission needed to determine if the agreement met the basic entitlements and minimum standards of the National Employment Standards and other relevant awards.

The Commission examined the evidence provided and found that the agreement had been fairly negotiated and complied with the procedural requirements. The applicant demonstrated that the agreement met the standards of good faith bargaining, and it contained terms and conditions that were not less favourable than the applicable awards or the National Employment Standards. The Commission concluded that the agreement was simple and low-risk, and therefore, it approved the LJ Hooker Surfers Paradise Enterprise Agreement 2014. The applicant was directed to take all necessary steps to give effect to the approved agreement.

The Commission's decision was based on the evidence and submissions provided by the parties. The approval of the agreement allows the applicant to implement the terms and conditions outlined in the agreement, which will govern the employment relationship between the parties. The final orders of the Commission included the approval of the agreement and the direction to the applicant to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established