TATE ASIA-PACIFIC PTY LTD ENTERPRISE AGREEMENT 2026 - 2030

Application for approval of the Tate Asia-Pacific Pty Ltd Enterprise Agreement 2026 - 2030

[1] Tate Asia-Pacific Pty Ltd has applied for approval of a single enterprise agreement known as the Tate Asia-Pacific Pty Ltd Enterprise Agreement 2026-2030 (Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act).

[2] Clause 18 of the Agreement is titled "Workplace Delegates' Rights". It is arguably less favourable than the corresponding provisions in clause 36A of the Building and Construction General On-site Award 2020 (Award), as it does not reflect the changes to the Award clause resulting from the decision of the Full Bench of the Commission in Decision [2026] FWCFB 5. While this may not itself be a barrier to approval of the Agreement, it raises the question as to whether section 205A(2) of the Act applies.

[3] I raised this issue with Tate Asia-Pacific. It informed me that if I took the view that clause 18 of the Agreement is less favourable than clause 36A of the Award, it did not oppose the latter being taken to be a term of the Agreement in place of the former.

[4] I find that clause 18 of the Agreement is less favourable than clause 36A of the Award. Under section 205A(2) of the Act, clause 18 of the Agreement has no effect and clause 36A of the Award is taken to be a term of the Agreement.

[5] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to the application have been met.

[6] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 6 April 2026. The nominal expiry date of the Agreement is 6 April 2030.

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