Rjpk Pty Ltd T/A Ray White Brackenridge Summary

[2024] FWCA 1129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rjpk Pty Ltd T/A Ray White Brackenridge

(AG2024/709)

RJPK PTY LTD ENTERPRISE AGREEMENT 2024

Real estate industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 28 MARCH 2024

Application for approval of the RPJK Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the RJPK 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 RJPK Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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,[1] 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 of the Agreement 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] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Rjpk Pty Ltd, trading as Ray White Brackenridge, for approval of their Enterprise Agreement 2024. The application was brought forward in light of the company’s desire to formalise workplace arrangements and to address certain employment conditions. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on whether the agreement provided for minimum entitlements, dealt with procedural matters fairly, and adhered to the standards of good faith bargaining.

The legal issues primarily revolved around the compliance of the proposed agreement with statutory provisions, including the requirement for the agreement to facilitate, promote, or improve the terms and conditions of employment. It was also necessary to ascertain whether the agreement adequately provided for the procedural aspects of employment, ensuring fairness and good faith in its provisions. Furthermore, the court had to consider whether the agreement covered all relevant employees and whether it was free from any unlawful content or provisions that could be considered contrary to public policy.

The Fair Work Commission, after thorough examination of the application and the evidence presented, found that the proposed agreement met the necessary legislative criteria. The Commission was satisfied that the agreement was the product of genuine bargaining efforts and that it provided for the minimum entitlements of employees, including fair wages and reasonable working conditions. The agreement was deemed to comply with the procedural fairness requirements and did not contain any provisions that would be considered contrary to public policy or the spirit of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2024, ensuring that it would now govern the employment conditions within the company.

Rjpk Pty Ltd T/A Ray White Brackenridge

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established