Werac (QLD) Pty Ltd T/A Ray White Labrador

[2013] FWCA 442

FAIR WORK COMMISSION

DECISION

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

Werac (QLD) Pty Ltd T/A Ray White Labrador
(AG2012/13206)

WERAC (QLD) PTY LTD ENTERPRISE AGREEMENT 2012

Real estate industry
COMMISSIONER ASBURY	BRISBANE, 18 JANUARY 2013

Application for approval of the Werac (QLD) Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Werac (QLD) Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Werac (QLD) Pty Ltd t/a Ray White Labrador. 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] On 17 January 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 January 2013. The nominal expiry date of the Agreement is 18 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Werac (QLD) Pty Ltd, trading as Ray White Labrador, and its employees represented by the Retail and Fast Food Workers Union. The dispute centred around the application for approval of the Werac (QLD) Pty Ltd Enterprise Agreement 2012. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement contained all the mandated terms and conditions as required by the Fair Work Act and whether the agreement was made in good faith and without coercion. Additionally, the Commission considered whether the necessary procedural requirements for the agreement's approval were met, including the appropriate consultation with the employees and the union's involvement. The Commission also examined whether the agreement provided for a proper balance between the interests of the employer and the employees.

In reaching its decision, the Fair Work Commission meticulously reviewed the provisions of the agreement, the consultation process, and the evidence of good faith bargaining. The Commission found that the agreement did include all the mandated terms and conditions as required by the Act. It was also satisfied that the agreement was made in good faith and without any form of coercion. The Commission determined that the procedural requirements were adequately met, with sufficient consultation occurring between the parties. Consequently, the Commission approved the Werac (QLD) Pty Ltd Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established