Tasman Council Summary

[2025] FWCA 2712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Tasman Council

(AG2025/2565)

TASMAN COUNCIL ENTERPRISE AGREEMENT 2025

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 14 AUGUST 2025

Application for approval of the Tasman Council Enterprise Agreement 2025

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.

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.

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.

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.

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.

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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Tasman Council to the Fair Work Commission for approval of its Enterprise Agreement for the year 2025. The nature of the dispute was the procedural fairness and compliance of the agreement with relevant industrial relations laws. The Fair Work Commission, presided over by Deputy President R T Ryan, was the judicial body tasked with deciding the matter. The central legal issues that the Commission had to resolve were whether the procedural fairness requirements were met during the consultation process and if the terms of the proposed agreement complied with the relevant industrial relations legislation.

The Commission commenced by examining the procedural fairness of the consultation process, considering the extent to which the Council had engaged with its employees and relevant stakeholders. It was found that the Council had taken reasonable steps to ensure that the employees were adequately informed and had the opportunity to express their views on the proposed agreement. The Commission then reviewed the terms of the agreement to ensure they adhered to the requirements of the Fair Work Act 2009 and other relevant legislation. It was determined that the agreement met the necessary standards and did not contain any provisions that were detrimental to the employees.

Based on its findings, the Commission concluded that the Tasman Council had fulfilled the procedural fairness requirements and that the proposed Enterprise Agreement complied with the relevant industrial relations laws. The Commission approved the agreement, emphasising the importance of maintaining a fair and harmonious workplace environment. As a result, the application for approval of the Tasman Council Enterprise Agreement 2025 was successful.

Tasman Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established