Burles Consulting Pty Ltd

[2025] FWCA 3224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd

(AG2025/3121)

BSH ELECTRICAL PTY. LTD. ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER CRAWFORD	SYDNEY, 23 SEPTEMBER 2025

Application for approval of the BSH Electrical Pty. Ltd. Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the BSH Electrical Pty. Ltd. Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Burles Consulting Pty Ltd which was a bargaining representative for the employer covered by the Agreement, B.S.H. Electrical Pty. Ltd. The Agreement is a single enterprise agreement.

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.

Noting clause 2.3 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 CEPU.

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 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Burles Consulting Pty Ltd, the applicant, sought approval of the BSH Electrical Pty. Ltd. Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for employees under the agreement, which included provisions related to wages, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the agreement provided for the "better off overall test" and whether it complied with the procedural requirements of the Fair Work Act. The applicant argued that the agreement was fair and reasonable, and met the necessary standards for approval. The Commission needed to assess these claims and determine if the agreement provided adequate protections for employees and met the statutory requirements for approval.

The Commission found that the agreement did meet the better off overall test, as it provided for improved conditions compared to the relevant awards. The agreement included provisions for wages, leave entitlements, and other conditions that were considered fair and reasonable. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for genuine bargaining and the provision of relevant information to employees. As a result, the Commission approved the BSH Electrical Pty. Ltd. Enterprise Agreement 2025, subject to certain conditions and modifications to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established