Tasic Pty Ltd & Gracing Pty Ltd

[2014] FWCA 176

FAIR WORK COMMISSION

DECISION

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

Tasic Pty Ltd & Gracing Pty Ltd
(AG2013/12254)

RAY WHITE CALOUNDRA ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 8 JANUARY 2014

Application for approval of the Ray White Caloundra Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Caloundra Enterprise Agreement 2013 (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 15 January 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Tasic Pty Ltd & Gracing Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Ray White Caloundra Enterprise Agreement 2013. The parties involved were Tasic Pty Ltd and Gracing Pty Ltd, which are employers, and the Real Estate Institute of Queensland (REIQ) acting on behalf of the employees. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether it met the necessary statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning the avoidance of unnecessary complexity, the promotion of procedural fairness, and the adherence to the statutory minimum entitlements. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated and whether it provided for appropriate dispute resolution mechanisms. The parties contested various terms, including the classification of employees, pay rates, and conditions surrounding redundancy.

The Commission examined the submissions from both parties and the evidence presented. It found that the agreement, while complex, was not unnecessarily so, and it adequately addressed the terms and conditions of employment. The Commission also determined that the agreement had been genuinely negotiated and provided for appropriate dispute resolution processes. Given that the agreement did not disadvantage employees in terms of their statutory minimum entitlements and provided a fair and balanced framework for employment, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Ray White Caloundra Enterprise Agreement 2013, subject to the terms and conditions as outlined in the agreement. The approval was based on the finding that the agreement was not unnecessarily complex, had been genuinely negotiated, and provided adequate protections and dispute resolution mechanisms for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established