The Trustee for the Daato Trust T/A Elders Townsville & Aitkenvale

[2013] FWCA 8994

FAIR WORK COMMISSION

DECISION

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

The Trustee for the Daato Trust T/A Elders Townsville & Aitkenvale
(AG2013/9986)

ELDERS TOWNSVILLE & AITKENVALE ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Elders Townsville & Aitkenvale Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Elders Townsville & Aitkenvale 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 22 November 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Trustee for the Daato Trust, trading as Elders Townsville & Aitkenvale, to approve the Elders Townsville & Aitkenvale Enterprise Agreement 2013. The dispute centred on the proposed changes to employee conditions, including the introduction of a penalty rate for weekend work, which the Fair Work Union opposed, arguing it was not fair and reasonable. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely bargained, whether it contained the minimum terms and conditions mandated by law, and whether it was fair and reasonable. The Commission needed to assess the evidence provided by both parties, including the processes undertaken to negotiate the agreement and the fairness of the terms proposed. Particular attention was paid to the penalty rates for weekend work and the overall impact on employee conditions.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and contained the required minimum terms and conditions. The Commission determined that the proposed changes, including the penalty rates, were fair and reasonable. The evidence presented demonstrated that the agreement was the product of good faith bargaining and met all statutory requirements for approval. Consequently, the Commission approved the Elders Townsville & Aitkenvale Enterprise Agreement 2013, allowing it to come into effect as per the stipulated commencement date.

The Commission's final order was the approval of the Elders Townsville & Aitkenvale Enterprise Agreement 2013, effective from 1 July 2013. The agreement, which includes provisions for penalty rates for weekend work among other changes, was deemed to meet the criteria for fairness and genuine bargaining, and was therefore approved in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established