ZMA Pty Ltd atf the ZMA Trust T/A Ray White Rochedale

[2014] FWCA 8553

FAIR WORK COMMISSION

DECISION

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

ZMA Pty Ltd atf the ZMA Trust T/A Ray White Rochedale
(AG2014/8288)

ZMA PTY LTD ENTERPRISE AGREEMENT 2014

Real estate industry
COMMISSIONER BULL	SYDNEY, 28 NOVEMBER 2014

Application for approval of the ZMA Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ZMA Pty Ltd Enterprise Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 5 December 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

ZMA Pty Ltd, trading as Ray White Rochedale, applied for the approval of the ZMA Pty Ltd Enterprise Agreement 2014. The dispute was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it contained any unfair provisions.

The primary legal issues the Commission had to decide were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, and whether any provisions within the agreement were unfair to the employees. The procedural requirements included ensuring the agreement was made by genuine bargaining and was in writing, while the substantive requirements related to provisions such as minimum wages, leave entitlements, and other employment conditions. The Commission also had to assess if any provisions unfairly disadvantaged employees.

The Fair Work Commission found that the agreement had been made through genuine bargaining and was in compliance with the statutory requirements. The Commission noted that the agreement contained standard provisions that aligned with the relevant award and legislative provisions. It further determined that none of the provisions within the agreement were unfair. Consequently, the Commission approved the ZMA Pty Ltd Enterprise Agreement 2014. The final orders confirmed the approval of the enterprise agreement, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established