DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maurice Blackburn Pty Limited T/A Maurice Blackburn Lawyers
(AG2020/2958)

MAURICE BLACKBURN EMPLOYEES’ AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the Maurice Blackburn Employees’ Agreement 2020.

[1] Maurice Blackburn Pty Limited has made an application for approval of an enterprise agreement known as the Maurice Blackburn Employees' Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). I am satisfied that the two employers, Maurice Blackburn Pty Limited and Zabulon Pty Ltd (the Employer), constitute a single interest employer for the purpose of s 172(5). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 November 2020 and, in accordance with s 54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Maurice Blackburn Pty Limited, trading as Maurice Blackburn Lawyers, applied for the approval of the Maurice Blackburn Employees’ Agreement 2020. This application arose as the firm sought to formalise the terms and conditions of employment for its employees under a single enterprise agreement. The dispute centred on whether the proposed agreement met the requisite standards under the Fair Work Act 2009, specifically whether it complied with the process and content requirements set forth by the legislation.

The primary legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions, was free from prohibited content, and whether the process through which the agreement was made was procedurally fair. The Commission also had to determine if the agreement provided for the genuine and fair representation of employees and if it complied with the good faith bargaining provisions.

In considering these issues, the Commission examined the procedural fairness of the bargaining process, scrutinised the content of the agreement against the Fair Work Act's minimum standards, and assessed whether any prohibited content was present. The Commission found that the process for reaching the agreement was conducted in good faith and that the agreement did not include any prohibited content. Furthermore, the Commission was satisfied that the agreement contained all the required minimum terms and conditions and that it allowed for the fair representation of employees. Consequently, the Commission approved the Maurice Blackburn Employees’ Agreement 2020.

The Fair Work Commission approved the Maurice Blackburn Employees’ Agreement 2020, affirming its compliance with the Fair Work Act and its procedural fairness. The Commission's decision validated the terms and conditions outlined in the agreement, which would now govern the employment relationship between Maurice Blackburn Lawyers and its employees. This approval ensures that the agreement will be recognised as a legally binding enterprise agreement, facilitating a stable and predictable working environment.

Maurice Blackburn Pty Limited T/A Maurice Blackburn Lawyers

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established