Yvette Smith

[2013] FWCA 8784

FAIR WORK COMMISSION

DECISION

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

Yvette Smith
(AG2013/9717)

QUAID REAL ESTATE AND COLLIERS INTERNATIONAL (CAIRNS) ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Quaid Real Estate and Colliers International (Cairns) 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 November 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yvette Smith was an application for the approval of the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013. The application was brought before the Fair Work Commission. The dispute involved the terms and conditions of employment under the proposed enterprise agreement, specifically regarding the classification and pay rates of employees within the real estate industry.

The legal issues before the Commission included whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms of employment. Additionally, the Commission needed to determine if the agreement adequately covered all employees within the designated bargaining unit and if it complied with the "better off overall test" ensuring employees were not worse off under the new agreement.

The Fair Work Commission found that the proposed enterprise agreement met the necessary legal requirements. It determined that the agreement provided for fair and reasonable terms of employment, was applicable to all relevant employees, and satisfied the better off overall test. The Commission noted the comprehensive nature of the agreement, which included provisions for wages, conditions, and dispute resolution mechanisms. The Commission was satisfied that the agreement would benefit employees by providing a structured and fair framework for their employment conditions.

The Fair Work Commission approved the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement govern the employment of the relevant employees, providing a legally binding framework for their workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established