Maurice Blackburn Pty Limited Trading AS Maurice Blackburn Lawyers

[2025] FWCA 2240

[2025] FWCA 2240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Maurice Blackburn Pty Limited Trading AS Maurice Blackburn Lawyers

(AG2025/1828)

MAURICE BLACKBURN EMPLOYEES’ AGREEMENT 2024

Clerical industry
COMMISSIONER TRAN	MELBOURNE, 8 JULY 2025

Application for approval of the Maurice Blackburn Employees’ Agreement 2024

1. Maurice Blackburn Lawyers (ABN: 21 105 657 949) has applied for approval of an enterprise agreement known as the Maurice Blackburn Employees’ Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 29.3(b) – Parental leave: adoption

   ·   Clause 29.3(c) – Parental leave: definition of partner

   ·   Clause 23.7 – Personal leave: prior notice

   ·   Clause 11.4 – Termination: failure of employee to provide notice

1. Clause 4.2 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the ASU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 July 2025

1. In accordance with clause 5, the nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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