Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania

[2025] FWCA 1804

[2025] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania

(AG2025/1254)

CANCER COUNCIL TASMANIA ENTERPRISE AGREEMENT 2025 TO 2029

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 MAY 2025

Application for approval of the Cancer Council Tasmania Enterprise Agreement 2025 to 2029

1. An application has been made for approval of an enterprise agreement known as the Cancer Council Tasmania Enterprise Agreement 2025 to 2029 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania (Employer). The Agreement is a single enterprise agreement.

1. The title of the Agreement in the Notice of Employee Representational Rights is not the same as clause 1.1 of the Agreement. Having regard to the Employer’s submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 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).

1. The Australian Municipal, Administrative, Clerical & Services Union (ASU) 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.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 5 June 2025. The nominal expiry date of the Agreement is 16 April 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A