SNA Group Pty Ltd; APTR Pty Ltd

Case [2013] FWCA 5048


[2013] FWCA 5048

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

SNA Group Pty Ltd; APTR Pty Ltd
(AG2013/6959)

CORONIS REALTY QUEENSLAND ENTERPRISE AGREEMENT 2013-2017

Real estate industry

SENIOR DEPUTY PRESIDENT HARRISON

SYDNEY, 29 JULY 2013

Application for approval of the Coronis Realty Queensland Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Coronis Realty Queensland Enterprise Agreement 2013-2017 (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 ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning wages, administration penalty rates, compassionate leave has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 5 August 2013. The nominal expiry date of the Agreement is 28 July 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

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Details
AGLC
SNA Group Pty Ltd; APTR Pty Ltd [2013] FWCA 5048
Case
[2013] FWCA 5048
Decision Date

CaseChat Overview and Summary

SNA Group Pty Ltd and APTR Pty Ltd applied to the Fair Work Commission for approval of the Coronis Realty Queensland Enterprise Agreement 2013-2017. The application was contested by various unions, who argued that the proposed agreement did not provide adequate terms and conditions for the employees covered by it. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and reasonable terms and conditions of employment.

The Commission considered the arguments of both parties and examined the terms of the proposed agreement. It found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement had been negotiated in good faith and that it met the requirements of the Fair Work Act. Accordingly, the Commission approved the proposed agreement.

The Commission's decision was based on its finding that the proposed agreement provided for fair and reasonable terms and conditions of employment. It found that the agreement provided for minimum wages that were consistent with the relevant awards and that it provided for adequate leave entitlements. The Commission also found that the agreement provided for effective dispute resolution mechanisms, including the ability of employees to seek assistance from unions. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved it accordingly.

The Commission's approval of the Coronis Realty Queensland Enterprise Agreement 2013-2017 is a significant decision for the parties involved. It provides certainty and stability for the employees covered by the agreement and ensures that they are provided with fair and reasonable terms and conditions of employment. The decision also provides guidance for other employers and employees who are negotiating enterprise agreements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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