Ryan Carlisle Thomas t/as Ryan Carlisle Thomas / Stringer Clark

[2015] FWCA 4855

[2015] FWCA 4855

FAIR WORK COMMISSION

DECISION

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

Ryan Carlisle Thomas t/as Ryan Carlisle Thomas / Stringer Clark
(AG2015/3751)

RYAN CARLISLE THOMAS ENTERPRISE AGREEMENT 2015 - 2018

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 24 JULY 2015

Application for approval of the Ryan Carlisle Thomas Enterprise Agreement 2015 - 2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Ryan Carlisle Thomas t/as Ryan Carlisle Thomas / Stringer Clark (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Ryan Carlisle Thomas Enterprise Agreement 2015 - 2018 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Administrative, Clerical and Services Union (the ‘Union’) and two nominated employee bargaining representatives. The Agreement is to cover solicitors within the first three years of the employment and employees on a salary below $95,000 in the applicant’s legal practice. 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 25 May 2015, and voting for the Agreement’s approval took place on 19 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret postal ballot, 101 of the 104 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 30 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr P Gardner, Solicitor, identified the Legal Services Award 2010 and the Victorian Legal, Professional, Clerical and Administrative Employees Award 2004 as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Gardnersaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including fewer superannuation fund choices and no express minimum engagement period for part time employees. However, the Agreement provides for a number of terms and conditions that are more beneficial than, or in excess of those under the reference instruments, including higher rate of pay, ordinary working hours of 35 hours per week and enhanced domestic violence, study/development and long service leave. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 30 and 31 (the latter referring to the model clause, which is attached to the Agreement as Schedule B) respectively, and a disputes resolution procedure at clause 32 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 16 July 2015, Mr P Gardner appeared for the applicant and Mr A Lewis for the Union. Mr Gardner 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. He explained that rates of pay are to be increased by 3% on 1 October 2015, 1 October 2016 and 1 October 2017. He also drew the Commission’s attention to a drafting error at cl 21.1(a) of the Agreement and put that the reference to the Accident Compensation Act 1985 should properly be a reference to the Workplace Injury, Rehabilitation and Compensation Act 2013 (Vic). Mr Lewis supported the submissions of Mr Gardner. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ 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 Ryan Carlisle Thomas Enterprise Agreement 2015-2018.Pursuant to s 54 of the Act, the Agreement shall operate from 23 July 2015 and have a nominal expiry date of 30 June 2018.

DEPUTY PRESIDENT

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