Slater & Gordon Ltd Summary

[2022] FWCA 3311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Slater & Gordon Ltd

(AG2022/3629)

Slater & Gordon Australian Services Union Enterprise Agreement 2022

Clerical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 23 SEPTEMBER 2022

Application for approval of the Slater & Gordon Australian Services Union Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Slater & Gordon Australian Services Union Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Municipal, Administrative, Clerical and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Slater & Gordon Ltd applied to the Fair Work Commission for approval of the Slater & Gordon Australian Services Union Enterprise Agreement 2022. The Australian Services Union (ASU) is the relevant trade union, and the application was made under section 231 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Act, specifically whether it provided for the proper operation of businesses and adequate protections for employees.

The primary legal issue before the Commission was whether the proposed agreement provided for the proper operation of Slater & Gordon’s businesses, taking into account the need for flexibility and efficiency in the workplace. Additionally, the Commission had to determine whether the agreement provided adequate protections for employees, ensuring that their rights and entitlements were preserved and that any changes to their conditions of employment were fair and reasonable.

The Commission considered the evidence and submissions from both Slater & Gordon and the ASU. It found that the proposed agreement provided for the proper operation of the businesses by allowing for flexibility in work arrangements and efficient management practices. The Commission also concluded that the agreement provided adequate protections for employees, including provisions for consultation, dispute resolution, and minimum entitlements such as leave and redundancy payments. After weighing these factors, the Commission was satisfied that the agreement met the legal requirements for approval under the Fair Work Act.

Accordingly, the Fair Work Commission approved the Slater & Gordon Australian Services Union Enterprise Agreement 2022, finding that it provided for the proper operation of Slater & Gordon’s businesses and adequate protections for employees. The approval is effective from the date of the decision and will apply to all employees covered by the agreement.

Slater & Gordon Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established