Transport Accident Commission Summary

[2025] FWCA 3144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Transport Accident Commission

(AG2025/2974)

TAC ENTERPRISE AGREEMENT 2025-2029

State and Territory government administration
COMMISSIONER TRAN	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the TAC Enterprise Agreement 2025-2029

The Transport Accident Commission has applied for approval of an enterprise agreement known as the TAC Enterprise Agreement 2025-2029 (the Agreement) under s 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Employer has provided written undertakings (Appendix 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.

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

The Community & Public Sector Union (CPSU) 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 CPSU.

The Agreement is approved and, in accordance with s 54 of the Act and Clause 4.4, will operate from 25 September 2025.

In accordance with clause 4.4 of the Agreement, the nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

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Appendix A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Transport Accident Commission for approval of the TAC Enterprise Agreement 2025-2029. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant, the Transport Accident Commission, is a statutory body established under the Transport Accident Act 1994. The Commission was required to consider the terms of the proposed agreement, as well as any submissions made by the parties involved.

The key legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act, including the provisions relating to the agreement's coverage, bargaining scope, and the process by which it was negotiated. The Commission was also required to consider whether the proposed agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees, and whether it complied with the relevant national employment standards.

The Commission found that the proposed agreement met the statutory requirements for approval under the Fair Work Act. The agreement provided for fair and reasonable terms and conditions of employment, and included adequate protections for employees. The Commission noted that the agreement had been negotiated in good faith and that it provided for a comprehensive framework for the management of industrial relations within the Commission. The Commission also found that the agreement complied with the relevant national employment standards and that it provided for appropriate mechanisms for the resolution of disputes between the parties.

The Commission approved the TAC Enterprise Agreement 2025-2029, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the process for resolving disputes between the parties and the provision of certain benefits to employees. The Commission noted that the modifications were minor and did not detract from the overall fairness and reasonableness of the agreement. The Commission also noted that the modifications were acceptable to both parties and that they had been negotiated in good faith.

Transport Accident Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established