Ta Ann Tasmania Pty Ltd

[2025] FWCA 2128

[2025] FWCA 2128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ta Ann Tasmania Pty Ltd

(AG2025/1681)

TA ANN TASMANIA AND CFMEU ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER CONNOLLY	MELBOURNE, 27 JUNE 2025

Application for approval of the Ta Ann Tasmania and CFMEU Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Ta Ann Tasmania and CFMEU Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ta Ann Tasmania Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 June 2025.

1. On 18 June 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. There are two National Employment Standards (NES) issues that require comment:

·   Annual leave: Clause 34.1(a) states employees on day work or 5-day shift work are entitled to 4 weeks annual leave paid at ordinary time rates on the anniversary of each completed year of service, accrued on a pro-rata four-weekly basis. This may be more restrictive than s.87(2) of the Act which provides that an employee’s entitlement to paid annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work, and accumulates from year to year.

·   Personal/carer’s leave: Clause 35.4 states wherever practical, an employee must provide advice of their intended absence prior to the commencement of their shift and state the nature of their illness/injury or caring requirement. An employee must indicate the likely length of their absence. This may be inconsistent with s.107(2) of the Act which provides that an employee must notify the employer as soon as reasonably practicable (which may be a time after the leave has started) and must advise the employer of the period, or expected period, of the leave.

1. However, Clause 6.6 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clauses will not apply to the extent that they are inconsistent with the NES.

1. The Applicant has provided written undertakings, dated 13 June 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative, and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. The “Construction, Forestry and Maritime Employees Union”, being a bargaining representative for the Agreement, 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 this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2027.

COMMISSIONER

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Annexure A