DECISION

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

Lawlab Pty Ltd
(AG2015/3151)

LAWLAB ENTERPRISE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 9 JULY 2015

Application for approval of the Lawlab Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Lawlab Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Lawlab Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 20 employees who are employed in the applicant’s legal services business in paralegal, clerical, administrative, sales and business development, cleaning and maintenance roles. The Agreement also covers Law Graduates, although none are employed at the present time. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 15 May 2015, and voting for the Agreement’s approval took place on 22 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 20 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 26 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr I Perkins, Managing Director, identified the Legal Services Award 2010 [MA000116] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Perkinssaid that the Agreement provides for higher rates of pay than the terms of the Award and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. Clauses 16 and 17 respectively set out that the model flexibility and consultation clauses apply to the Agreement and a disputes resolution procedure at clause 15 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 8 July 2015, Ms D McEvoy, Solicitorappeared with Mr I Perkins for the applicant. Ms McEvoy outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Mr Perkins explained that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions on 1 July 2016 and 1 July 2017.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Lawlab Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 15 July 2015 and have a nominal expiry date of 14 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Lawlab Pty Ltd is a company that sought approval for its Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement was suitable for registration and should be approved to become a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act and whether it met the "better off overall test".

The primary legal issue before the court was whether the Enterprise Agreement 2015 satisfied the statutory criteria for registration under section 231 of the Fair Work Act 2009. This involved examining if the agreement was made in good faith and if it met the "better off overall test", meaning that the employees would be no worse off and at least some would be better off financially under the agreement compared to their previous conditions. The court also considered if the agreement was appropriately certified by an accredited independent bargaining agent and if the agreement's terms were clear, fair, and did not undermine the provisions of the National Employment Standards.

The Fair Work Commission determined that the Enterprise Agreement 2015 was appropriately certified and contained terms that were clear and fair. The court found that the agreement met the "better off overall test" as it provided increased wages and other benefits to employees, thus improving their overall conditions. Additionally, the agreement was found to comply with all statutory requirements for registration. Consequently, the court approved the application for the registration of the Enterprise Agreement 2015.

The final order of the court was that the Lawlab Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was thus set to govern the terms and conditions of employment for the relevant employees.

Lawlab Pty Ltd

DECISION

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