Townsville South Real Estate Pty Ltd T/A Ray White Townsville Riverside Summary

[2013] FWCA 9337

FAIR WORK COMMISSION

DECISION

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

Townsville South Real Estate Pty Ltd T/A Ray White Townsville Riverside
(AG2013/11527)

RAY WHITE TOWNSVILLE RIVERSIDE ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 27 NOVEMBER 2013

Application for approval of the Ray White Townsville Riverside Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ray White Townsville Riverside 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 4 December 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 Townsville South Real Estate Pty Ltd, trading as Ray White Townsville Riverside, for the approval of the Ray White Townsville Riverside Enterprise Agreement 2013. The respondents to the application were the employees of the company, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "single interest" enterprise agreement and whether it had been fairly negotiated. The Commission had to determine if the agreement genuinely represented the interests of the employees and whether it was made in good faith. Additionally, the Commission assessed if the agreement contained all the mandated terms and conditions as stipulated by the Act, including minimum wages and other employment standards.

The Commission found that the agreement was a single interest enterprise agreement as it was made between the employer and the employees within the enterprise. The evidence presented demonstrated that the agreement was the product of genuine negotiations between the parties, and it met the good faith test. Furthermore, the Commission confirmed that all mandatory terms required by the Act were included in the agreement. Consequently, the application for approval was successful, and the Ray White Townsville Riverside Enterprise Agreement 2013 was approved.

Townsville South Real Estate Pty Ltd T/A Ray White Townsville Riverside

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established