Burles Consulting Pty Ltd

[2025] FWCA 2414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burles Consulting Pty Ltd

(AG2025/1798)

THRIVE GROUP TASMANIA ENTERPRISE AGREEMENT 2025

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2025

Application for approval of the Thrive Group Tasmania Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Thrive Group Tasmania Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Burles Consulting Pty Ltd on behalf of Thrive Group Tasmania Inc (Employer). The Agreement is a single enterprise agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the Agreement after 26 February 2025. Accordingly, pursuant to s 202(4) and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The United Workers’ Union (UWU) being a bargaining representative for the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 29 July 2025. The nominal expiry date of the Agreement is 22 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Burles Consulting Pty Ltd, the applicant sought approval of the Thrive Group Tasmania Enterprise Agreement 2025. The application was heard by the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees under the proposed enterprise agreement, with concerns raised by various stakeholders regarding the fairness and adequacy of certain provisions.

The primary legal issues before the FWC were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it had been appropriately negotiated. The FWC had to consider whether the agreement was in the best interests of the employees and whether it complied with the good faith bargaining provisions. The applicant argued that the agreement was fair and reasonable, while some stakeholders argued that certain provisions did not adequately protect employee interests.

After careful consideration of the evidence and submissions, the FWC determined that the proposed enterprise agreement was in the best interests of the employees and met the statutory requirements. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and that it had been appropriately negotiated in good faith. The FWC approved the Thrive Group Tasmania Enterprise Agreement 2025, confirming its compliance with the Fair Work Act.

The FWC's decision was based on a thorough examination of the evidence and the applicable legal framework. The Commission found that the agreement provided adequate protections for employees and balanced the interests of both the employer and the workforce. The final orders included the approval of the enterprise agreement, with the understanding that it would be subject to ongoing review and potential amendments as required.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established