RWPER Pty Ltd T/A Ray White Peregian

[2014] FWCA 4493

[2014] FWCA 4493

FAIR WORK COMMISSION

DECISION

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

RWPER Pty Ltd T/A Ray White Peregian
(AG2014/1356)

RAY WHITE PEREGIAN ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	PERTH, 7 JULY 2014

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

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

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