Burles Consulting Pty Ltd Summary

[2025] FWCA 185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Burles Consulting Pty Ltd

(AG2024/4875)

ADVENTURE PATCH ENTERPRISE AGREEMENT 2024

Children's services
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2025

Application for approval of the Adventure Patch Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Adventure Patch Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl. 5.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burles Consulting Pty Ltd recently brought an application before the Fair Work Commission seeking approval of the Adventure Patch Enterprise Agreement 2024. This agreement was intended to govern the terms and conditions of employment for a subset of its workforce. The application was contested by the Australian Manufacturing Workers' Union, which represented a group of employees who claimed that the proposed agreement failed to adequately address several critical employment matters, including pay rates, conditions, and dispute resolution mechanisms.

The legal issues that the Commission was required to address centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a safety net of minimum terms and conditions, protected against adverse action for exercising protected industrial action, and included a process for resolving disputes between the parties. Furthermore, the Commission had to ensure that the agreement did not discriminate against any group or class of employees and complied with other statutory requirements.

In evaluating the agreement, the Commission considered the submissions from both parties and the broader context of the Fair Work Act. The Commission found that the proposed agreement met the statutory requirements for approval. It provided a comprehensive safety net of minimum terms and conditions, protected employees against adverse action, and included an effective dispute resolution process. Additionally, the Commission determined that the agreement did not contain any discriminatory provisions and complied with all other relevant statutory requirements. Consequently, the Commission approved the Adventure Patch Enterprise Agreement 2024, finding it to be a fair and reasonable agreement for the employees it covered.

The Fair Work Commission has thus confirmed the validity of the Adventure Patch Enterprise Agreement 2024, providing a legally binding framework for the employment relationship between Burles Consulting Pty Ltd and the affected employees. This decision ensures that the agreement will operate as intended, subject to the oversight and enforcement mechanisms provided by the Fair Work Act.

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