RWNOO Pty Ltd T/A Ray White Noosa Summary

[2014] FWCA 4492

FAIR WORK COMMISSION

DECISION

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

RWNOO Pty Ltd T/A Ray White Noosa
(AG2014/1357)

RAY WHITE NOOSA ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	PERTH, 7 JULY 2014

Application for approval of the Ray White Noosa Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Noosa 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.

Undertaking

[2] The Commission notes that clause 28 - Commission Disputes of the Agreement provides that where there is a dispute between the employer and the employees as to whether all or any part of the commission is due to an employee pursuant to clause 22 (Commission only), clause 26 (Payment by wages with incentive commission or bonus) and clause 27 (Conjunction sales), the matter will be dealt with in accordance with clause 12 - Dispute Resolution. Sub clause 28.2 provides that the employer’s decision on all commission disputes shall be final.

[3] The Commission advised the Applicant via its representative that sub clause 28.2 contradicted the process referred to in sub clause 28.1 of the Agreement, in that, a dispute relating to commission is to be dealt with in accordance with clause 12 of the Agreement. Clause 12 - Dispute Resolution does not provide that the employer’s decision shall be final but rather provides for further steps to be taken, such as, referring a dispute which cannot be resolved between the employer and the employee to the Fair Work Commission.

[4] The Applicant has provided an undertaking that sub clause 28.2 of the Agreement will not be enforced.

[5] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[6] I have sought the views of the employee bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The employee bargaining representative has not advised of any concerns with the undertaking provided.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 July 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RWNOO Pty Ltd trading as Ray White Noosa, sought approval for the Ray White Noosa Enterprise Agreement 2014. The dispute arose from the negotiation and implementation of a new enterprise agreement within the real estate agency sector. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission involved assessing whether the agreement adhered to the provisions of the Fair Work Act 2009, particularly concerning the process of its negotiation and the terms it contained. The applicant needed to demonstrate that the agreement was fairly and genuinely negotiated and that it met the requirements for being a single, indivisible agreement. The Commission also examined whether the agreement included appropriate minimum terms and conditions as prescribed by the Act.

The Fair Work Commission found that the agreement was genuinely and fairly negotiated, in line with the statutory requirements. The Commission highlighted that all procedural steps were followed correctly, and the terms of the agreement were fair and reasonable. The Commission concluded that the agreement contained all necessary minimum terms and conditions and would not undermine the safety net of entitlements provided by the Act. Consequently, the Commission approved the Ray White Noosa Enterprise Agreement 2014.

In approving the agreement, the Commission ordered that the Ray White Noosa Enterprise Agreement 2014 be registered and enforceable from the date of the decision. The parties were directed to take all necessary steps to give effect to the approved agreement, ensuring its terms were implemented across the relevant workforce.

RWNOO Pty Ltd T/A Ray White Noosa

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established