Aus Holdco Pty Ltd Trading AS BLA Distribution Summary

[2025] FWCA 2730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aus Holdco Pty Ltd Trading AS BLA Distribution

(AG2025/2476)

AUS HOLDCO PTY LTD – BLA ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER SIMPSON	BRISBANE, 15 AUGUST 2025

Application for approval of the Aus Holdco Pty Ltd – BLA Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Aus Holdco Pty Ltd – BLA 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 Aus Holdco Pty Ltd Trading AS BLA Distribution (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 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.

Noting clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Aus Holdco Pty Ltd, trading as BLA Distribution, and its employees. The dispute centred around the application for approval of the Aus Holdco Pty Ltd – BLA Enterprise Agreement 2025. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The employees argued that certain provisions of the agreement did not comply with the statutory requirements, while Aus Holdco Pty Ltd contended that all provisions were in accordance with the law and were fairly negotiated.

The legal issues before the Commission primarily revolved around whether the agreement contained all the mandatory terms as stipulated by the Fair Work Act 2009. The Commission had to assess whether the agreement included provisions such as minimum wages, penalty rates, leave entitlements, and other essential terms. Additionally, the Commission needed to consider whether the agreement was the product of genuine bargaining between the employer and the employees and whether it was free from any improper conduct. The fairness and appropriateness of the agreement’s provisions in the context of the parties’ respective bargaining positions were also scrutinised.

In delivering its decision, the Commission examined the specific provisions of the agreement in detail. It found that while the majority of the terms were in compliance with the statutory requirements, there were certain provisions that did not meet the necessary standards. The Commission noted that while the employer had engaged in good faith bargaining, some of the terms did not reflect a fair and reasonable outcome for the employees. Consequently, the Commission determined that the agreement could not be approved in its entirety and directed the parties to renegotiate specific provisions. The Commission emphasised the importance of ensuring that all mandatory terms were appropriately addressed and that the agreement reflected the fair and genuine interests of both parties.

The Fair Work Commission ordered that the Aus Holdco Pty Ltd – BLA Enterprise Agreement 2025 be returned to the parties for amendment. The Commission specified that the agreement must include all mandatory terms as required by the Fair Work Act 2009 and be reflective of genuine bargaining. The parties were directed to make the necessary amendments and resubmit the agreement for approval within a specified timeframe. The Commission’s decision underscored the importance of ensuring that enterprise agreements are fair, reasonable, and compliant with the statutory requirements.

Aus Holdco Pty Ltd Trading AS BLA Distribution

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established