Application for approval of The Lady Gowrie Tasmania Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Lady Gowrie Tasmania Enterprise Agreement 2025 (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.

[2] The bargaining representatives for the Agreement have corresponded with my chambers regarding numerous concerns I have raised concerning the Agreement. This process resulted in me issuing a Statement on 20 February 2026 detailing the concerns that I considered had been resolved, the concern that remained and some additional new concerns relating to the relevant approval requirements.

[3] Many of the issues that were identified as resolved in the 20 February Statement were the subject of 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.

[4] The issue that was not resolved related to the dispute resolution clause of the Agreement. In particular, the issue was whether the imposition of a time limit for referring disputes to conciliation at the Commission, and a provision which deemed disputes to be resolved if they were not referred within that time limit, had the result that I could not be satisfied as required by section 186(6) of the Act or that the Agreement did not pass the Better Off Overall Test (BOOT).

[5] In a decision published on 12 March 2026[1], I determined that the consequences of this residual concern were that I could not be satisfied as required by section 186(6) of the Act and that I could not be satisfied that each award covered employee and each reasonably foreseeable employee would be better off overall if the agreement applied to them. Because an opportunity had already been given to provide a suitable undertaking to resolve this issue and because the concerns that arose in relation to section 186(6) and the BOOT related to the same term of the Agreement, I indicated in my decision that I intended to specify an amendment pursuant to section 191A of the Act. I annexed to my decision the terms of the amendment I proposed to specify, and made directions for my decision (and annexures) to be circulated to the employees covered by the agreement and for the bargaining representatives to express a view on the amendment.

[6] Notwithstanding that invitation, the only party who expressed a view was the United Workers Union (UWU), who were a bargaining representative for the Agreement. The UWU supported the amendment being made. Having considered the view advanced, I remain of the view that an amendment is necessary and that the amendment specified at Annexure B of my decision of 12 March is necessary and appropriate. A copy of that amendment is likewise attached as Annexure B to this decision.

[7] 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 UWU.

[8] Subject to the undertakings and amendment 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2026. The nominal expiry date of the Agreement is 30 June 2028. The Agreement attached to this decision is the Agreement as varied.

Any disputes arising out of the application of the NES, this Agreement or a matter pertaining to the employment relationship will be dealt with according to the procedure set out below.

(a) Where a dispute arises, the parties to the dispute will endeavour to promptly settle it in the workplace. The parties to a dispute commit to using every reasonable opportunity to resolve matters between themselves before proceeding to external dispute resolution.

(b) At any stage in this dispute resolution procedure, Employees may request the Union or other representative of their choosing (other than a LGT manager) to represent them.

(c) While the parties are trying to resolve the dispute using the procedures in this clause, work must continue normally unless Employees have a reasonable concern about an imminent risk to their health or safety in which case Employees must comply with a lawful and reasonable direction given by LGT to perform other available work at the same workplace, or at another workplace.

(d) Each party to this Agreement will bear its own costs in connection with the Dispute Resolution Procedure.

(a) In the first instance, the dispute will be referred to the Employee's immediate supervisor who will discuss the dispute with the Employee(s) concerned.

(b) If agreement is not reached after this step, the Employee(s) concerned may refer the matter to the Program Manager in writing (including the nature of the dispute, the basis of it and outcome sought) who will convene a meeting with the Employee(s) concerned.

(c) If agreement is not reached after this step, the Employee(s) concerned may refer the matter to the General Manager in writing (including the nature of the dispute, the basis of it and outcome sought) who will convene a meeting with the Employee(s) concerned.

(a) The dispute may be referred, by either party, to FWC who may deal with the dispute by conciliation which includes expressing an opinion or making a recommendation only if:

• (i) The dispute is not resolved following compliance with the Internal Disputes Process; or

• (ii) Following discussions with the other party (or their representative), a party reasonably considers it is not practicable for all of those steps to be completed because of the urgency or nature of the dispute.

(b) If an application is filed with FWC the status quo will prevail until conciliation.

(c) A party wishing to file a dispute with the FWC will endeavour to do so If an application is not filed within 7 working days to FWC following completion of the steps under clause 41.2 (Internal Dispute Process)., the dispute is deemed to have been resolved and the dispute cannot be referred to FWC.

(d) If the conciliation process fails to resolve the dispute, then subject to FWC considering that the dispute is genuine, and the party has a reasonably arguable case, the dispute may be referred, by either party, to FWC within 10 working days for arbitration, otherwise the dispute is deemed to have been resolved.

(e) At any stage during conciliation and prior to arbitration FWC may make any directions it considers appropriate including but not limited to the proper characterisation of the dispute and the status quo to apply in relation to the dispute which will be without prejudice to either party in arbitrating the dispute.

(f) If FWC arbitrates the dispute, it may use the powers that are available to it under the FW Act and make a determination that is binding on the parties.

(g) The parties may appeal in full any decision arising from arbitration as if it were a decision under the Act. Any decision of a full bench of FWC on appeal will be final and binding on the parties and will be by way of review.

[1] [2026] FWC 805

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