Bulabul Group Pty Ltd t/a Bulabul Group
[2025] FWCA 868
•12 MARCH 2025
| [2025] FWCA 868 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bulabul Group Pty Ltd t/a Bulabul Group
(AG2025/320)
BULABUL GROUP ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 12 MARCH 2025 |
Application for approval of the Bulabul Group Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Bulabul Group Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bulabul Group Pty Ltd trading as Bulabul Group (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.
Clause 2.5 of the Agreement makes provision for the National Employment Standards (NES) to prevail to the extent the provisions of the NES are more favourable than a term of the Agreement. This addresses any concern in relation to clause 7.6, Notice of Termination, which purports to authorise deductions from amounts payable to employees on termination, including from amounts due under the NES.
The Agreement does not provide for a separate delegates’ rights clause however I note that clause 2.3 of the Agreement provides that the Agreement incorporates the terms of the Building and Construction General On-site Award 2020, Plumbing and Fire Sprinklers Award 2020 and the Electrical, Electronic and Communications Contracting Award 2020 which Awards make provision for delegates’ rights at clauses 36A, 29A and 26A respectively.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is four years after the date of approval, being 12 March 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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