Tide Properties Pty Ltd T/A Ray White Birkdale

[2014] FWCA 178

FAIR WORK COMMISSION

DECISION

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

Tide Properties Pty Ltd T/A Ray White Birkdale
(AG2013/12256)

RAY WHITE BIRKDALE ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 8 JANUARY 2014

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

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

The applicant, Tide Properties Pty Ltd trading as Ray White Birkdale, applied to the Fair Work Commission for approval of the Ray White Birkdale Enterprise Agreement 2013. The applicant sought to have the agreement certified as a low-average bargaining agreement, applicable to employees who were members of the Real Estate Institute of Queensland (REIQ) and Real Estate Institute of New South Wales (REIQ NSW) employees. The application arose from negotiations between the applicant and the unions representing the employees.

The legal issues before the Commission were whether the agreement met the criteria for certification as a low-average bargaining agreement under section 232 of the Fair Work Act 2009. The Commission considered whether the agreement had been made in good faith, whether it provided for the proper regulation of workplace relations, and whether it was appropriate for the circumstances of the enterprise. The Commission also considered whether the agreement provided for the proper balance between the interests of employers and employees.

The Commission found that the agreement met the criteria for certification as a low-average bargaining agreement. The Commission was satisfied that the agreement had been made in good faith and provided for the proper regulation of workplace relations. The Commission noted that the agreement provided for a fair and reasonable balance between the interests of employers and employees, taking into account the nature of the business and the needs of both parties. The Commission also considered the views of the employees and found that the majority of employees had supported the agreement. The Commission certified the agreement as a low-average bargaining agreement.

The Commission ordered that the Ray White Birkdale Enterprise Agreement 2013 be approved as a low-average bargaining agreement, effective from the date of the Commission's decision. The agreement will apply to employees who are members of the REIQ and REIQ NSW employees. The Commission's decision provides certainty for both the applicant and the employees, and ensures that the agreement will be recognised as a valid and enforceable agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established