Tasmanian Aboriginal Corporation T/A Tasmania Summary

[2025] FWCA 104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Aboriginal Corporation T/A Tasmania

(AG2024/4968)

TASMANIAN ABORIGINAL CORPORATION (TAC) ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 13 JANUARY 2025

Application for approval of the Tasmanian Aboriginal Corporation Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Tasmanian Aboriginal Corporation (TAC) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Tasmanian Aboriginal Corporation T/A Tasmania. The Agreement is a single enterprise agreement.

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

The Australian Nursing and Midwifery Federation and Australian Municipal, Administrative, Clerical and Services Union, 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 organisations.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Clause 15.1 – Summary of Leave Entitlements for Permanent Full Time Employees and Part Time Employees (Pro Rata); and

· Clause 15.1.2 - Your Annual Leave Entitlement; and
· Clause 15.9.2 – Payment for Public Holidays.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2025. The nominal expiry date of the Agreement is 1 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tasmanian Aboriginal Corporation sought approval of their Enterprise Agreement 2025 from the Fair Work Commission. The agreement, which covered their employees, was proposed to regulate various terms and conditions of employment, including wages, hours, and dispute resolution mechanisms. The Corporation argued that the agreement was fair and reasonable, while an opposing party raised concerns about specific clauses.

The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it was fair and reasonable, and if it had been appropriately negotiated. The Commission also needed to consider the impact of the agreement on the employees and the overall fairness of the proposed terms.

In assessing the application, the Commission examined the negotiation process, the content of the agreement, and the potential impact on the employees. The Commission concluded that the agreement was fair and reasonable, noting the comprehensive nature of the negotiation process and the benefits provided to employees. The Commission was satisfied that the agreement met the statutory criteria and approved it. The Commission's decision was based on the evidence presented and the overall fairness of the agreement to the employees involved.

Tasmanian Aboriginal Corporation T/A Tasmania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established