Burles Consulting Pty Ltd

Case

[2025] FWCA 3280

29 SEPTEMBER 2025


[2025] FWCA 3280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd

(AG2025/3030)

CLARENCE CITY COUNCIL ENTERPRISE AGREEMENT #12/2025

Local government administration

COMMISSIONER CRAWFORD

SYDNEY, 29 SEPTEMBER 2025

Application for approval of the Clarence City Council Enterprise Agreement #12/2025

  1. An application has been made for approval of an enterprise agreement known as the Clarence City Council Enterprise Agreement #12/2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Burles Consulting Pty Ltd which is a bargaining representative for the employer covered by the Agreement, Clarence City Council. The Agreement is a single enterprise agreement.

  1. Clarence City Council 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 July 2029.

COMMISSIONER

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