DECISION

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

Slater and Gordon Limited
(AG2015/5273)

SLATER AND GORDON AUSTRALIAN SERVICES UNION LAWYERS ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 16 OCTOBER 2015

Application for approval of the Slater and Gordon Australian Services Union Lawyers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Slater and Gordon Australian Services Union Lawyers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Slater and Gordon Ltd, Trilby Misso Lawyers and Conveyancing Works Queensland. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union 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 is approved and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Slater and Gordon Limited recently had its application for the approval of the Slater and Gordon Australian Services Union Lawyers Enterprise Agreement 2015 heard in the Fair Work Commission. The application was brought by the respondent, Slater and Gordon Limited, who sought to have the enterprise agreement approved as a certified agreement under the Fair Work Act 2009. The applicant, Slater and Gordon Australian Services Union, did not oppose the approval of the agreement.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith and whether it contained the minimum terms and conditions as required by the Act. The Commission also needed to determine whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the necessary minimum terms and conditions. It was also consistent with the requirements of the Fair Work (Registered Organisations) Act 2009. Consequently, the Commission approved the agreement as a certified agreement, thereby making it legally binding on all parties involved. The Commission’s decision was based on a comprehensive review of the agreement and the evidence provided by both parties, ensuring that the agreement complied with all relevant legislative requirements.

Slater and Gordon Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established