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austlii:cth/FWCA/2025/2712
General information, not legal advice.
FWCA
2025-08-14
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Tasman Council Enterprise Agreement 2025
[1] An application has been made for the approval of an enterprise agreement known as the Tasman Council Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Tasman Council (the Employer). The Agreement is a single enterprise agreement.
[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 5.5.6 - Casuals excluded from unpaid compassionate leave and family and domestic violence leave.
Clause 24.1 - Compassionate leave not provided for in cases of stillbirth or miscarriage.
Clause 35.1.2 - Ability to deduct an employee's NES entitlements upon termination.
Clause 36.3.3 and Clause 36.9.1(viii) and (ix) - Reduction of redundancy payments not subject to s.120 of the Act.
The Agreement contains a NES precedence clause in clause 4.3. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[3] The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Schedule 4 of the Agreement. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[5] The Transport Workers Union of Australia (TWU) and the Australian Municipal, Administrative, Clerical & Services Union (ASU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the TWU and the ASU.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2025. The nominal expiry date of the Agreement is 30 June 2029.
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