The Trustee for the O'Brien Family Trust, Jaminki Pty Ltd T/A Ray White Beerwah

[2014] FWCA 2520

FAIR WORK COMMISSION

DECISION

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

The Trustee for the O'Brien Family Trust, Jaminki Pty Ltd T/A Ray White Beerwah
(AG2014/747)

RAY WHITE BEERWAH ENTERPRISE AGREEEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 15 APRIL 2014

Application for approval of the Ray White Beerwah Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Beerwah 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 22 April 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

The parties involved in this case were The Trustee for the O'Brien Family Trust and Jaminki Pty Ltd, trading as Ray White Beerwah. They were in dispute over the approval of the Ray White Beerwah Enterprise Agreement 2014. The Fair Work Commission was the court that heard the case.

The legal issues that the court needed to decide were whether the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Fair Work Act 2009. The court also needed to determine whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009.

The court found that the agreement was in the best interests of the employees and met the criteria for approval. The court considered the views of the employees and their representatives, the fairness of the agreement, and the compliance with the relevant provisions of the Fair Work Act 2009. The court also found that the agreement met the requirements for approval under section 232 of the Fair Work Act 2009.

The final orders of the court were that the Ray White Beerwah Enterprise Agreement 2014 be approved as a certified agreement. The agreement will now be registered with the Fair Work Commission and will be in effect for a period of five years. The court's decision provides certainty for both the employees and the employer and ensures that the agreement is fair and compliant with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established