Shane Colquhoun Pty Ltd T/A LJ Hooker Nerang Summary

[2014] FWCA 4679

FAIR WORK COMMISSION

DECISION

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

Shane Colquhoun Pty Ltd T/A LJ Hooker Nerang
(AG2014/1679)

LJ HOOKER NERANG ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	PERTH, 14 JULY 2014

Application for approval of the LJ Hooker Nerang Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the LJ Hooker Nerang 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 21 July 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

Shane Colquhoun Pty Ltd, trading as LJ Hooker Nerang, applied for the approval of the LJ Hooker Nerang Enterprise Agreement 2014. The applicant sought the Fair Work Commission's (FWC) endorsement of the agreement, which was negotiated between the employer and the union representing the employees. The dispute centred on the terms of the agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the FWC involved determining whether the agreement was genuinely bargained, free from coercion and discrimination, and whether it contained all the prescribed minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to assess if the agreement provided for the proper representation of employee interests and if it included adequate dispute resolution mechanisms.

The FWC carefully examined the evidence and submissions from both parties. It found that the agreement was indeed genuinely negotiated and did not exhibit any elements of coercion or discrimination. The court also determined that all prescribed minimum terms and conditions were included in the agreement. Moreover, the FWC was satisfied that the agreement ensured proper representation of employee interests and provided for effective dispute resolution processes. Consequently, the FWC approved the LJ Hooker Nerang Enterprise Agreement 2014.

The final orders included the approval of the enterprise agreement, effective from the date of the FWC's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of Shane Colquhoun Pty Ltd trading as LJ Hooker Nerang.

Shane Colquhoun Pty Ltd T/A LJ Hooker Nerang

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established