Tasbuild Limited

[2025] FWCA 57

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasbuild Limited

(AG2024/4934)

TASBUILD LIMITED ENTERPRISE AGREEMENT 2024

Banking finance and insurance industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JANUARY 2025

Application for approval of the TasBuild Limited Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the TasBuild Limited Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasbuild Limited. The Agreement is a single enterprise agreement.

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

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2025. The nominal expiry date of the Agreement is 8 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Tasbuild Limited, the Fair Work Commission was asked to approve a new enterprise agreement between Tasbuild Limited and its employees. The application involved the TasBuild Limited Enterprise Agreement 2024. The key issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the necessary standards for approval. The Commission had to consider whether the agreement was fairly negotiated, did not undermine the safety and health of employees, and adhered to the relevant award provisions.

The Commission reviewed the negotiation process, ensuring that the agreement was not only fairly negotiated but also that there was genuine agreement among the parties. The Commission examined the terms of the agreement to determine if they complied with the statutory minimum standards and whether they provided for appropriate protections for employees. Additionally, the Commission had to consider if the agreement would negatively impact the health and safety of employees.

The Fair Work Commission found that the TasBuild Limited Enterprise Agreement 2024 was fairly negotiated and complied with the statutory requirements. The Commission noted that the agreement provided for fair terms and conditions and did not undermine the health and safety of employees. After careful consideration, the Commission approved the agreement, finding it met all necessary criteria under the Fair Work Act 2009. The decision confirmed the validity of the agreement, allowing it to be implemented between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established