Thasos Pty Ltd trading as Off Ya Tree And Lazer Erazer Summary

[2025] FWCA 3496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Thasos Pty Ltd trading as Off Ya Tree And Lazer Erazer

(AG2025/3003)

THASOS PTY LTD ENTERPRISE AGREEMENT 2025

Retail industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 21 OCTOBER 2025

Application for approval of the Thasos Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Thasos Pty Ltd Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thasos Pty Ltd (the Applicant). The Agreement is a single enterprise agreement

The Applicant has provided written undertakings (Annexure A). Pursuant to s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note the terms of clause 5.5 of the Agreement which provides that that more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Shop, Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the SDA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 October 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Thasos Pty Ltd, trading as Off Ya Tree and Lazer Erazer, which sought approval of its proposed Enterprise Agreement 2025. The dispute centred on the terms and conditions that the company proposed to implement for its employees, necessitating an assessment of the agreement's compliance with the relevant industrial laws. The Fair Work Commission was the court tasked with evaluating the application and making a decision on whether to approve the proposed agreement.

The primary legal issue before the Commission was whether the terms of the proposed Enterprise Agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved an examination of various provisions within the agreement, including those relating to employee classification, wages, hours of work, and other employment conditions. The Commission also had to consider submissions from the parties involved and ensure that the agreement met the statutory requirements for good faith bargaining and fair terms.

In delivering its decision, the Commission thoroughly analysed the proposed Enterprise Agreement against the statutory criteria. It found that the agreement was consistent with the provisions of the Fair Work Act and Regulations. The Commission noted the evidence of good faith bargaining and the agreement's alignment with fair and reasonable employment terms. After careful consideration of all the factors, the Commission approved the Enterprise Agreement, recognising its compliance with the necessary legal standards.

The Fair Work Commission approved the Thasos Pty Ltd Enterprise Agreement 2025, effective from the date of the decision. The approval was based on the agreement's adherence to the statutory requirements and its fair and reasonable nature. The decision confirmed the validity of the terms proposed by Thasos Pty Ltd for its employees, setting the conditions for employment under the new agreement.

Thasos Pty Ltd trading as Off Ya Tree And Lazer Erazer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established