Application by Burles Consulting Pty Ltd
Citation: [2026] FWCA 1906
What happened
Burles Consulting Pty Ltd sought approval for the Glamorgan Spring Bay Council Enterprise Agreement 2025-2028. Burles acted as the bargaining representative for the Glamorgan Spring Bay Council, the employer covered by the agreement. The Australian Municipal, Administrative, Clerical and Services Union (ASU) also wished to be covered by the agreement. Some provisions of the agreement were noted to potentially conflict with the National Employment Standards (NES).
What was decided
The Fair Work Commission approved the Glamorgan Spring Bay Council Enterprise Agreement 2025-2028. The Commissioner found that any inconsistencies between the agreement and the National Employment Standards would be resolved in favour of the NES. The employer provided undertakings, which were deemed a term of the agreement. The ASU will also be covered by the agreement. The agreement will take effect seven days after approval.
What it means for employers
Employers entering into enterprise agreements should ensure they understand potential conflicts with the National Employment Standards and include clauses to address them. Providing written undertakings can help manage concerns about the impact of an agreement on employees.
What it means for employees
Employees should be aware of their rights under the National Employment Standards, which will prevail over less favourable terms in enterprise agreements. Unions can seek to be covered by enterprise agreements to benefit from its provisions.
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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 →