Slater & Gordon T/A Slater & Gordon Ltd Summary

[2025] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Slater & Gordon T/A Slater & Gordon Ltd

(AG2024/5266)

SLATER & GORDON AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 4 FEBRUARY 2025

Application for approval of the Slater & Gordon Australian Services Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Slater & Gordon Australian Services Union Enterprise Agreement 2024 (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 T/A Slater & Gordon Ltd. 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 (ASU) 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 ASU support approval of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 14;
·           Clause 18.3; and
·           Clause 24.6.

However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Slater & Gordon T/A Slater & Gordon Ltd applied for the approval of the Slater & Gordon Australian Services Union Enterprise Agreement 2024. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of Slater & Gordon represented by the Australian Services Union. The key issues were whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it provided for fair and reasonable terms for the employees.

The Commission examined the proposed agreement against the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement provided for minimum entitlements, whether it was free from prohibited content, and whether it had been negotiated in good faith. The Commission also considered the balance of the agreement in terms of fairness and reasonableness, including the impact on both the employees and the employer. The application was made without a registered bargaining representative for the employer, which the Commission noted as an unusual circumstance.

In reaching its decision, the Commission found that the proposed agreement met the statutory requirements and provided for fair and reasonable terms for the employees. The agreement was deemed to be free from prohibited content and was found to have been negotiated in good faith. The Commission was satisfied that the terms of the agreement would not be detrimental to the employees or the employer. Accordingly, the Commission approved the Slater & Gordon Australian Services Union Enterprise Agreement 2024. The approval was effective from the date specified in the agreement and provided the basis for the terms and conditions of employment for the relevant employees.

Slater & Gordon T/A 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