DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCNT Administrative Services Pty Ltd T/A Ryan Carlisle Thomas Lawyers
(AG2019/5097)

RYAN CARLISLE THOMAS ENTERPRISE AGREEMENT 2019

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Ryan Carlisle Thomas Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ryan Carlisle Thomas Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCNT Administrative Services Pty Ltd T/A Ryan Carlisle Thomas Lawyers. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[4] The Agreement was approved on 13 February 2020 and, in accordance with s.54, will operate from 20 February 2020. The nominal expiry date of the Agreement is 12 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RCNT Administrative Services Pty Ltd trading as Ryan Carlisle Thomas Lawyers, sought approval of the Ryan Carlisle Thomas Enterprise Agreement 2019 from the Fair Work Commission. The application was brought under section 234 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it meets certain criteria, including that it is in the public interest and provides for the terms and conditions of employment of the employees covered by the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement met all the statutory requirements for approval. This involved assessing whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and balanced, and whether it was in the public interest. The Commission also needed to consider whether the agreement provided for proper mechanisms for resolving disputes and ensuring compliance.

The Commission found that the proposed enterprise agreement was in the public interest and provided for the employees' terms and conditions of employment in a fair and balanced manner. The agreement contained provisions for resolving disputes and ensuring compliance, and the Commission was satisfied that it met all the statutory requirements for approval. The Commission approved the Ryan Carlisle Thomas Enterprise Agreement 2019, subject to certain modifications to ensure that it complied with the relevant legislative provisions.

The Fair Work Commission approved the Ryan Carlisle Thomas Enterprise Agreement 2019, subject to modifications. The modifications were made to ensure that the agreement complied with the Fair Work Act 2009 and other relevant legislation. The applicant was required to make the necessary changes to the agreement before it could be registered with the Fair Work Ombudsman.

RCNT Administrative Services Pty Ltd T/A Ryan Carlisle Thomas Lawyers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established