Bulabul Group Pty Ltd t/a Bulabul Group

[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

Annexure A

CaseChat Overview and Summary

The matter involved Bulabul Group Pty Ltd trading as Bulabul Group, which sought approval of the Bulabul Group Enterprise Agreement 2024. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval, including provisions related to employee conditions, dispute resolution mechanisms, and procedural fairness.

The key legal issues the Fair Work Commission needed to address were whether the agreement was negotiated in good faith, whether it was made in accordance with the relevant legislative framework, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees and provided for fair and reasonable terms.

The Fair Work Commission examined the negotiation process, the fairness of the terms, and the adequacy of the dispute resolution mechanisms. It was noted that the agreement had been negotiated between the employer and the relevant employee representatives. The Commission concluded that the negotiation process had been conducted in good faith and that the agreement contained provisions that were fair and reasonable. It found that the dispute resolution mechanisms were appropriate and that the agreement provided adequate protections for employees.

The Fair Work Commission approved the Bulabul Group Enterprise Agreement 2024. The approval was contingent upon certain conditions being met, including the provision of further information and the implementation of specified measures to ensure compliance with the agreement. The decision was made in accordance with the applicable provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established