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austlii:cth/FWCA/2025/395
procedural. The Agreement was approved and will operate from 11 February 2025 with a nominal expiry date of 30 June 2027.
The Fair Work Commission approved an enterprise agreement between Slater & Gordon and its employees. The Commission accepted written undertakings from the employer, confirmed that all legal requirements were met, noted that the union was covered by the agreement, and approved the agreement despite some potential inconsistencies with minimum employment standards because the agreement contained a clause ensuring employees would receive the better of the agreement terms or the legal minimums. The agreement will start on 11 February 2025 and expire on 30 June 2027.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
SLATER & GORDON AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2024
Application for approval of the Slater & Gordon Australian Services Union Enterprise Agreement 2024
[1] 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.
[2] 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.
[3] 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.
[4] 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.
[5] 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.
[6] 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.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 11 February 2025 with a nominal expiry date of 30 June 2027.