Application by Burles Consulting Pty Ltd
Citation: [2026] FWCA 1894
What happened
Burles Consulting Pty Ltd applied to the Fair Work Commission for approval of the Brighton Council Enterprise Agreement 2026, on behalf of Brighton Council. The Australian Municipal, Administrative, Clerical and Services Union (ASU) indicated it wished to be covered by the agreement. Burles Consulting provided undertakings which became terms of the agreement.
What was decided
The Fair Work Commission approved the Brighton Council Enterprise Agreement 2026. It will operate from July 27, 2026, and expire on June 30, 2030. The Commission noted that the undertakings provided by Burles Consulting would not cause financial detriment to employees or result in substantial changes to the agreement. Any inconsistency between the agreement and the National Employment Standards (NES) will be resolved in favour of the NES.
What it means for employers
Employers seeking to implement enterprise agreements must provide written undertakings, which become legally binding terms. These undertakings need to demonstrate they won't negatively impact employees financially or substantially alter the agreement’s core elements. Ensure compliance with National Employment Standards (NES) when drafting agreements.
What it means for employees
Employees should be aware of their rights under enterprise agreements and how they interact with the National Employment Standards (NES). The ASU will be covered by this agreement, ensuring its members benefit from its terms.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →