DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitehorse Eastern Group Sales Pty Ltd T/A Jellis Craig Whitehorse
(AG2020/2390)

WHITEHORSE EASTERN GROUP (SALES AND RENTALS) ENTERPRISE AGREEMENT 2020

Real estate industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Whitehorse Eastern Group (Sales and Rentals) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Whitehorse Eastern Group (Sales and Rentals) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehorse Eastern Group Sales Pty Ltd T/A Jellis Craig Whitehorse. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 9 September 2020 and, in accordance with s.54, will operate from 16 September 2020. The nominal expiry date of the Agreement is 8 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Whitehorse Eastern Group Sales Pty Ltd trading as Jellis Craig Whitehorse, sought approval of the Whitehorse Eastern Group (Sales and Rentals) Enterprise Agreement 2020. The respondents, a group of employees, challenged the application on several grounds, including that the agreement did not fairly reflect the views of the employee representatives, and that the process used to reach the agreement was flawed. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved whether the agreement had been reached through a genuine negotiation process and whether it fairly reflected the views of the employee representatives. The Commission also considered whether the applicants had complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission examined whether the applicants had provided adequate information to the employee representatives, and whether the agreement contained terms that were contrary to public policy.

In delivering its decision, the Commission found that the applicants had genuinely negotiated with the employee representatives, and that the agreement fairly reflected their views. The Commission noted that the applicants had provided the employee representatives with all necessary information and that the agreement contained no terms that were contrary to public policy. The Commission also found that the applicants had complied with all relevant provisions of the Fair Work Act 2009.

The Commission approved the Whitehorse Eastern Group (Sales and Rentals) Enterprise Agreement 2020. The applicants were directed to take all necessary steps to give effect to the approved agreement. The respondents' application was dismissed with costs.

Whitehorse Eastern Group Sales Pty Ltd T/A Jellis Craig Whitehorse

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established