DECISION

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

Slater and Gordon Ltd; Trilby Misso Lawyers; and Conveyancing Works Queensland
(AG2015/626)

SLATER AND GORDON AUSTRALIAN SERVICES UNION SUPPORT STAFF ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 31 MARCH 2015

Application for approval of the Slater and Gordon Australian Services Union Support Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Slater and Gordon Australian Services Union Support Staff Enterprise Agreement 2014 (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 7 April 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The respondents, Slater and Gordon Ltd, Trilby Misso Lawyers, and Conveyancing Works Queensland, sought approval of the Slater and Gordon Australian Services Union Support Staff Enterprise Agreement 2014 from the Fair Work Commission. The applicants were the Australian Services Union and the aforementioned respondents. The dispute centred on the terms and conditions of employment for support staff within the respondents' organisations, as outlined in the proposed enterprise agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for being a "modern award" under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the parties. The Commission also needed to determine if the agreement provided for the payment of a minimum rate of pay, including allowances and loadings, and whether it was consistent with the general principles of the safety net.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements for a modern award. The Commission concluded that the agreement had been genuinely negotiated between the parties, and that it provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement provided for the payment of a minimum rate of pay, including allowances and loadings, and was consistent with the general principles of the safety net. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Slater and Gordon Australian Services Union Support Staff Enterprise Agreement 2014, with certain modifications, as a modern award. The modifications included changes to the agreement to ensure compliance with the Fair Work Act 2009, including the provision of a minimum rate of pay, including allowances and loadings, and the inclusion of certain clauses to address issues such as leave entitlements and dispute resolution. The agreement came into effect on the date of the Commission's decision, and replaced the previous enterprise agreement between the parties.

Slater and Gordon Ltd; Trilby Misso Lawyers; and Conveyancing Works Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established