DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan Basheer Hannon Lawyers
(AG2016/7162)

DUNCAN BASHEER HANNON ENTERPRISE AGREEMENT NO. 9

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 20 MARCH 2017

Application for approval of the Duncan Basheer Hannon Enterprise Agreement No. 9.

Introduction

[1] An application has been made for approval of an enterprise Agreement known as the Duncan Basheer Hannon Enterprise Agreement No. 9 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by Duncan Basheer Hannon. It is a single enterprise Agreement.

[2] On reviewing the application and the accompanying Employers’ Statutory Declaration it was unclear as to when employees were notified of the date and place at which the ballot was to occur, and the voting method to be used. It was therefore unclear whether the requirements in s.180(3) of the Act had been met. The Applicant provided further clarification about this matter, which includes details about information distributed by the employee representative, and by the Applicant. I am now satisfied this requirement has been met.

[3] I am also satisfied that each of the requirements in ss.186, 187 and 188, as are relevant to the application for approval, have been met.

[4] The Australian Services Union – SA & NT Branch has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Duncan Basheer Hannon Lawyers Pty Ltd, acting on behalf of their employees, applied for approval of the Duncan Basheer Hannon Enterprise Agreement No. 9, which outlines the terms and conditions of employment for their staff. The application was heard in the Fair Work Commission, with the employer arguing that the proposed agreement was necessary to facilitate the business operations and financial sustainability of the firm, while the employees contended that certain provisions were unfair and not in line with the principles of the Fair Work Act.

The court was required to determine whether the agreement complied with the requirements of the Fair Work Act, including whether it met the "better off overall test" and was free from any terms that would undermine the fundamental rights of employees. The court also had to consider whether the agreement was made in good faith and whether it was appropriate to approve the agreement given the circumstances of the case.

The Fair Work Commission found that the agreement was made in good faith and met the better off overall test. The court considered the evidence presented by both parties and found that the agreement did not contain any unfair terms that would undermine the fundamental rights of employees. The court was satisfied that the agreement was appropriate to be approved, taking into account the nature of the business and the need for flexibility in the workplace. The application for approval of the agreement was therefore granted.

The Fair Work Commission ordered that the Duncan Basheer Hannon Enterprise Agreement No. 9 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the employees of Duncan Basheer Hannon Lawyers Pty Ltd and will remain in effect until it is terminated or replaced by a new agreement.

Duncan Basheer Hannon Lawyers

DECISION

Introduction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established