Maurice Blackburn Pty Limited Trading AS Maurice Blackburn Lawyers Summary

[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

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.

The Agreement is a single enterprise agreement.

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

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.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Maurice Blackburn Pty Limited, trading as Maurice Blackburn Lawyers, applied for approval of a new employees' agreement. The proposed agreement, the Maurice Blackburn Employees' Agreement 2024, was to cover all employees except those who were covered by separate agreements or were excluded by the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement complied with the statutory requirements and adequately protected employees' rights and conditions.

The key legal issues the Commission needed to address included whether the agreement provided for minimum wages and conditions as required by the National Employment Standards, whether it contained provisions that were unfair or otherwise contrary to public policy, and whether it appropriately balanced the interests of the employer and employees. The Commission also considered whether the agreement provided sufficient protections and benefits to employees, including provisions for leave, dispute resolution, and other employment conditions.

After reviewing the submissions from both parties and the relevant legal framework, the Commission found that the proposed agreement met the statutory requirements and did not contain any unfair or unlawful provisions. The agreement provided for appropriate minimum wages and conditions, and it included provisions that were fair and reasonable in balancing the interests of the employer and employees. The Commission was satisfied that the agreement provided adequate protections and benefits for employees and did not contravene any provisions of the Fair Work Act or common law principles. Consequently, the Commission approved the Maurice Blackburn Employees' Agreement 2024.

The Commission's final order was that the Maurice Blackburn Employees' Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the order. The approval means that the agreement will govern the employment terms and conditions for the employees covered by it, and it will remain in effect until it is varied or replaced by a new agreement.

Maurice Blackburn Pty Limited Trading AS Maurice Blackburn Lawyers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established