s.185 - Enterprise agreement

THRIVE GROUP TASMANIA ENTERPRISE AGREEMENT 2025

Application for approval of the Thrive Group Tasmania Enterprise Agreement 2025

[1] 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.

[2] 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.

[3] 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.

[4] 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).

[5] 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.

[6] 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.

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