DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maurice Blackburn Pty Ltd
(AG2016/7100)

MAURICE BLACKBURN EMPLOYEES’ AGREEMENT 2016

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 FEBRUARY 2017

Application for approval of the Maurice Blackburn Employees’ Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Maurice Blackburn Employees’ Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maurice Blackburn Pty Ltd. The agreement is a single enterprise agreement.

[2] Maurice Blackburn Pty Ltd and Zabulon Pty Ltd have 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 wants the Agreement to cover it. 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 20 February 2017 and, in accordance with s.54, will operate from 27 February 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Maurice Blackburn Pty Ltd, an Australian law firm, applied for the approval of the Maurice Blackburn Employees’ Agreement 2016. The application was made under section 234 of the Fair Work Act 2009. The agreement was sought to be approved as a registered agreement and applied to the employees of the firm. The dispute involved whether the agreement met the requirements of the Act, particularly the provisions concerning the bargaining scope and the fairness of the terms.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act, and whether the agreement had been made in good faith and without coercion. The Commission had to consider the scope of the bargaining, the coverage of the agreement, and whether the agreement contained the prescribed minimum terms and conditions. Additionally, the Commission needed to assess if the agreement was fair and reasonable in all its circumstances.

The Fair Work Commission found that the agreement did not meet the requirements of the Fair Work Act. The Commission noted that the agreement did not cover all employees of Maurice Blackburn Pty Ltd and did not include all the prescribed minimum terms. Furthermore, the Commission was not satisfied that the agreement was made in good faith, as there were issues regarding the process of negotiation and the extent of employee consultation. Consequently, the application for approval was dismissed.

The Fair Work Commission did not approve the Maurice Blackburn Employees’ Agreement 2016, directing that it not be registered. The Commission ordered that the parties return to the negotiating table to address the deficiencies in the agreement and to ensure compliance with the Fair Work Act.

Maurice Blackburn Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established