Roebuck v Shopping Centres Australasia Property Group Re Limited

The case of Roebuck v Shopping Centres Australasia Property Group Re Limited involves an employee who was employed by the defendant as a Regional Leasing Manager in Western Australia. The plaintiff, Mr. Roebuck, alleged that the defendant had contravened the Real Estate Industry Award 2020 and made misrepresentations contrary to sections 45 and 345 of the Fair Work Act 2009 (Cth). The dispute was resolved through a determination of separate questions on agreed facts. The key issues before the court were whether the employee was covered by the Award under section 48(1) of the Fair Work Act, whether the Award applied to the employee under section 47 of the Act, and whether the employee was a high income employee under section 329 of the Act. The court was also required to consider the meaning of 'guarantee of annual earnings for the guaranteed period' in section 329(1)(a) of the Act and whether there was an identifiable 'guarantee period' within the meaning of section 331 of the Act.

The court examined the terms of the employment contract, which included a duty statement and a guarantee of annual earnings. The guarantee specified that the employer would pay the employee a base salary of $219,178 from 1 January 2021 until the termination of employment. The court found that the guarantee complied with section 330(1)(b) and Part 2-9, Division 3 of the Act, and that the Award did not apply to the employee's employment with the respondent. The court concluded that the employee's role as a Regional Leasing Manager (WA) did not fall within the coverage of the Award as the principal purpose of the role was the management of leasing properties in Western Australia, not an office or location. The court also considered the meaning of 'guarantee of annual earnings' and found that there was an identifiable 'guarantee period' within the meaning of section 331 of the Act.

In summary, the court ruled that the Real Estate Industry Award 2020 covered the applicant's employment with the respondent, pursuant to section 48 of the Fair Work Act 2009 (Cth). However, the guarantee of annual earnings, annexed to the employment agreement between the respondent and the applicant dated 4 December 2020, complied with section 330(1)(b) and Part 2-9, Division 3 of the Act, and the Award did not apply to the applicant's employment with the respondent pursuant to section 47 of the Act. The court's decision provides clarity on the interpretation of modern awards and the application of the Fair Work Act 2009 (Cth) to employment contracts.