Gordon Legal Pty Ltd T/A Gordon Legal

[2023] FWCA 2528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gordon Legal Pty Ltd T/A Gordon Legal

(AG2023/2541)

GORDON LEGAL ENTERPRISE AGREEMENT 2022

Industries not otherwise assigned
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2023

Application for approval of the Gordon Legal Enterprise Agreement 2022

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Gordon Legal Enterprise Agreement 2022 (Agreement).

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.

Clause 18 – compassionate leave - is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical & Services Union being a bargaining representative for the Agreement, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 11 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gordon Legal Pty Ltd, trading as Gordon Legal, applied to the Fair Work Commission for approval of the Gordon Legal Enterprise Agreement 2022. The application arose from negotiations between Gordon Legal and its employees, represented by the Australian Workers Union. The primary dispute centred on the terms and conditions outlined in the proposed agreement, including wages, working hours, and employee benefits. The Fair Work Commission was tasked with determining whether the agreement met the legal standards set forth in the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act, particularly regarding the adequacy of the terms concerning minimum wages, maximum standard hours, and the provision of reasonable notice of termination. Additionally, the Commission needed to assess if the agreement provided fair and appropriate protections for employees and whether it was made in good faith. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

After examining the evidence and submissions from both parties, the Fair Work Commission determined that the Gordon Legal Enterprise Agreement 2022 was compliant with the Fair Work Act. The Commission found that the agreement provided adequate terms for minimum wages and working hours and included provisions for reasonable notice of termination. The Commission was satisfied that the agreement was made in good faith and provided fair and appropriate protections for employees. Consequently, the Commission approved the agreement, finding it to be a lawful and appropriate enterprise agreement under the Act.

The Fair Work Commission ordered the approval of the Gordon Legal Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision provided legal certainty for both Gordon Legal and its employees, ensuring that the terms of the agreement would govern their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established