| [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
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.
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.
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.
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.
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.
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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- AGLC
- Burles Consulting Pty Ltd [2025] FWCA 3280
- Case
- [2025] FWCA 3280
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair remuneration and conditions, including minimum rates of pay, penalty rates, and allowances, as well as other terms such as leave provisions and dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated and if the procedural requirements, including proper consultation and notice, were fulfilled.
The Fair Work Commission found that the Clarence City Council Enterprise Agreement #12/2025 met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, including adequate minimum rates of pay and appropriate leave provisions. The Commission also determined that the agreement had been genuinely negotiated and that procedural requirements were met, as evidenced by the proper consultation process and the provision of necessary notices to employees. Consequently, the Commission approved the enterprise agreement.
In summary, the Fair Work Commission approved the Clarence City Council Enterprise Agreement #12/2025, determining that it met the statutory requirements for fair terms and conditions and procedural compliance.
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