austlii:cth/FWCA/2025/2240
General information, not legal advice.
FWCA
2025-07-08
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Maurice Blackburn Pty Limited Trading AS Maurice Blackburn Lawyers
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.
[2] The Agreement is a single enterprise agreement.
[3] 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
[4] 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.
[5] 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.
[6] 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.
[7] 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.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 July 2025
[9] In accordance with clause 5, the nominal expiry date of the Agreement is 30 September 2027.
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