Teddy and Co. Pty Ltd T/A Ray White Toowoomba West

[2014] FWCA 2951

FAIR WORK COMMISSION

DECISION

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

Teddy and Co. Pty Ltd T/A Ray White Toowoomba West
(AG2014/927)

RAY WHITE TOOWOOMBA WEST ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 6 MAY 2014

Application for approval of the Ray White Toowoomba West Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Toowoomba West 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 13 May 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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The matter before the Fair Work Commission concerned an application by Teddy and Co. Pty Ltd, trading as Ray White Toowoomba West, for approval of the Ray White Toowoomba West Enterprise Agreement 2014. The application was brought under the Fair Work Act 2009, with the respondents being various employees of the company who had raised objections to the proposed agreement. The primary dispute revolved around the terms and conditions of employment outlined in the agreement and whether they complied with the statutory requirements for enterprise agreements under Australian labour law.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval as set out in the Fair Work Act, specifically focusing on whether it provided for a safety net of minimum wages and conditions, whether it was free from prohibited content, and whether it had been made in good faith and without coercion. Additionally, the Commission had to consider the objections raised by the employees regarding specific clauses in the agreement that they believed were disadvantageous to their employment conditions.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the proposed agreement largely complied with the statutory requirements for enterprise agreements. The Commission determined that the agreement provided an adequate safety net for employees and was free from prohibited content. While some concerns were raised about specific clauses, the Commission concluded that these issues did not undermine the overall fairness of the agreement. The Commission approved the Ray White Toowoomba West Enterprise Agreement 2014, noting that any further disputes regarding the interpretation or application of the agreement would need to be resolved through the appropriate dispute resolution mechanisms provided in the agreement itself.

The Commission ordered that the Ray White Toowoomba West Enterprise Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to take effect from the date of registration, binding both the employer and the employees to the terms and conditions set out in the agreement. The Commission's decision was based on a detailed analysis of the agreement's compliance with the statutory requirements and the overall fairness of the agreement to both parties involved.

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