DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Slater & Gordon Ltd T/A Slater & Gordon
(AG2017/6620)

SLATER & GORDON AUSTRALIAN SERVICES UNION SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JANUARY 2018

Application for approval of the Slater & Gordon Australian Services Union Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Slater & Gordon Australian Services Union Support Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Slater & Gordon Ltd T/A Slater & Gordon. 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 Services Union 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 22 January 2018 and, in accordance with s.54, will operate from 29 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Slater & Gordon Limited, trading as Slater & Gordon, applied to the Fair Work Commission for approval of the Slater & Gordon Australian Services Union Support Staff Enterprise Agreement 2017. The applicant sought to establish a new enterprise agreement that would govern the terms and conditions of employment for support staff within the organisation. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal requirements and if it was in the best interests of the employees.

The legal issues before the Commission centred on the validity of the proposed agreement under the Fair Work Act 2009. This included whether the agreement provided for the terms and conditions of employment, was free from prohibited content, and complied with the procedural fairness requirements. The Commission also had to consider if the agreement was in the best interests of the employees, taking into account factors such as the impact on employee rights and protections, and whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement was in accordance with the relevant legislation and procedural fairness requirements. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment for the support staff, and that it was in their best interests. The Commission noted that the agreement included provisions for reasonable work hours, appropriate remuneration, and adequate leave entitlements, among other matters. Furthermore, the Commission was satisfied that the agreement did not contain any prohibited content and that the bargaining process was conducted in a fair and transparent manner.

The Fair Work Commission approved the Slater & Gordon Australian Services Union Support Staff Enterprise Agreement 2017, effective from the date of the decision. The agreement will now govern the employment terms and conditions of the relevant support staff within the organisation, subject to any further orders or directions issued by the Commission.

Slater & Gordon Ltd T/A Slater & Gordon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established