DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Slater & Gordon Ltd T/A Slater & Gordon
(AG2017/6611)

SLATER & GORDON AUSTRALIAN SERVICES UNION LAWYERS ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Slater & Gordon Australian Services Union Lawyers 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

The applicant, Slater & Gordon, sought approval of the Slater & Gordon Australian Services Union Lawyers Enterprise Agreement 2017. The respondent, the Australian Services Union, did not oppose the application. The dispute was heard in the Fair Work Commission. The central legal issue before the Court was whether the proposed enterprise agreement complied with the relevant legislative requirements and the Fair Work Act 2009. Specifically, the Court had to determine if the agreement met the criteria for approval under section 233 of the Act, including whether it provided for fair and reasonable terms and conditions of employment and if it was appropriately certified by the Australian Bureau of Statistics.

The Court examined the provisions of the proposed agreement, including the terms and conditions of employment, procedural fairness, and the certification process. The applicant provided evidence that the agreement had been fairly and appropriately certified. The Court noted that the respondent did not oppose the application, which indicated a general acceptance of the agreement’s terms. The Court found that the agreement met the statutory requirements and was fair and reasonable, as it provided for appropriate protections and benefits for employees while balancing the interests of the employer. The Court concluded that the proposed enterprise agreement should be approved.

In light of the Court’s findings, it determined that the application for approval of the Slater & Gordon Australian Services Union Lawyers Enterprise Agreement 2017 should be granted. The agreement was thus approved and would come into effect from the date of the decision. The Court’s approval ensured that the agreement would provide for fair and reasonable terms and conditions of employment, as required by the Fair Work Act 2009.

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