[1] An application has been made for the approval of an enterprise agreement known as the Oak Tasmania Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009. It has been made by Oak Tasmania Pty Ltd T/A Possability Group. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings to address issues raised in correspondence with it. 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 terms of the Agreement.

[3] The Agreement does not include the following allowances provided for in clause 20 of the Social, Community, Home Care and Disability Services Industry Award 2010:

1. clothing and equipment allowance

2. telephone allowance

3. heat allowance

4. board and lodging.

[4] The Applicant submits that each of these allowances involves patterns or kinds of work and/or types of employment that are not reasonably foreseeable at the test time. Accordingly, I have not taken into account the omission of these allowances into the assessment of the Better Off Overall Test.

[5] Both the Applicant and the Health Services Union of Australia (being a bargaining representative of employees for the Agreement) have expressed a common view that the Agreement passes the Better Off Overall Test. In accordance with section 193A(4) of the Act, I have given primary consideration to this common view.

[6] Subject to the undertakings 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.

[7] The Health Services Union has given notice under s.183 of the Act that it supports the approval of the Agreement and wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the HSU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2025. The nominal expiry date of the Agreement is 24 December 2028.

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