[1] An application has been made for approval of an enterprise agreement known as the TAG Hire and RTBU Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s,185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Tag Labour Hire Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss.186, 187 and 188 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).

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Personal/ Carer's Leave: Clause 15.6(e) of the Agreement states that an employee must where practicable notify the Company of their absence prior to the commencement of their shift and that employees who fail to notify the Company of their absence, and is unable to provide reasonable proof or evidence that they could not contact the Company to advise of their absence, may be subject to disciplinary action. Section 107(2)(a) of the Act states that, for personal/ carer's leave, notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

[4] However, noting clause 1.4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement supports the approval of 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 organisation.

[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 24 November 2025. The nominal expiry date of the Agreement is 1 January 2028.

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