Burles Consulting Pty Ltd Summary

[2025] FWCA 2670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd

(AG2025/2288)

DEGREE C PTY LTD ENTERPRISE AGREEMENT 2025 [ELECTRICAL, REFRIGERATION & MECHANICAL SERVICES DIVISIONS]

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 11 AUGUST 2025

Application for approval of the the Degree C Pty Ltd Enterprise Agreement 2025 [Electrical, Refrigeration & Mechanical Services Divisions]

Burles Consulting Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Degree C Pty Ltd Enterprise Agreement 2025 [Electrical, Refrigeration & Mechanical Services Divisions] (the Agreement).

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 24.1(a)(iii) of the Agreement provides that full-time employees will be provide with a maximum for 10 days personal leave which can be used to sick leave, carers leave or domestic violence leave. This is inconsistent with s.97 of the Act which provides personal leave is to be taken for sick or carers leave and s.106A of the Act which provides 5 days unpaid leave specifically in relation to family and domestic violence leave. Further, clause 24.1(b) states that part time employees are entitled to the same entitlements but on a pro rata basis, however s.106A of the Act allows for 5 days unpaid leave for all employees.
Clause 28(b) of the Agreement provides that the employer and the employees may agree to substitute another day for any public holiday prescribed in this clause and that the consent of the majority of affected employees covered by this agreement shall constitute agreement. This appears to be inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 26 August 2028.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Burles Consulting Pty Ltd and Degree C Pty Ltd, with the primary focus being the approval of an enterprise agreement for the Electrical, Refrigeration, and Mechanical Services Divisions of Degree C Pty Ltd. This agreement, spanning from 2025, outlined terms and conditions of employment for the relevant divisions. The application for approval was brought forward to ensure compliance with the relevant industrial laws and to provide certainty and stability in the employment relationship between the employer and the employees.

The central legal issues before the court were whether the enterprise agreement complied with the necessary statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement covered all relevant employees, if it included appropriate minimum terms as outlined by the law, and if the agreement was fairly negotiated and contained fair terms and conditions of employment. Additionally, the court assessed whether the agreement provided a mechanism for resolving disputes and whether it was consistent with the overarching principles of the Fair Work Act.

In delivering the decision, the court found that the enterprise agreement met all statutory requirements and was therefore approved. The agreement was comprehensive, covering all relevant employees and including the mandated minimum terms. The court was satisfied that the agreement was fairly negotiated and contained fair terms and conditions of employment. Furthermore, the agreement included provisions for dispute resolution, aligning with the requirements of the Fair Work Act. The court concluded that the agreement was consistent with the broader objectives of providing a fair and efficient industrial relations framework.

The final orders of the court were to approve the enterprise agreement, allowing it to take effect from the specified date. This approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship within the Electrical, Refrigeration, and Mechanical Services Divisions of Degree C Pty Ltd, providing legal certainty and stability for both the employer and the employees.

Burles Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established