Application by Burles Consulting Pty Ltd
Citation: [2026] FWCA 2402
What happened
Burles Consulting Pty Ltd sought approval for the St Giles Allied Health Enterprise Agreement 2026. The agreement is a single enterprise agreement. The Health Services Union (HSU) notified their desire for the agreement to cover them. the employer provided written undertakings, which were accepted. The agreement covers the HSU.
What was decided
The Fair Work Commission approved the St Giles Allied Health Enterprise Agreement 2026. The agreement will operate from September 9, 2026, and expire on June 1, 2029. the Commissioner noted potential inconsistencies with the National Employment Standards (NES) but confirmed the NES entitlements would prevail. The model consultation term from the Fair Work (Model Terms) Determination 2025 is also a term of the agreement. As the Commissioner stated, 'I am satisfied that the undertakings will not cause financial detriment to any employee...'
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards, or include provisions ensuring the more beneficial entitlements apply. Providing written undertakings can help address concerns and secure approval.
What it means for employees
Employees should be aware of their entitlements under the enterprise agreement and the National Employment Standards. The HSU is covered by this agreement.
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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