Autocare Services Pty Ltd Trading AS As Above

[2025] FWCA 3458

[2025] FWCA 3458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Autocare Services Pty Ltd Trading AS As Above

(AG2025/3110)

AUTOCARE SERVICES (INTERSTATE TRANSPORT) ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER ALLISON	MELBOURNE, 15 OCTOBER 2025

Application for approval of the Autocare Services (Interstate Transport) Enterprise Agreement 2025

1. Autocare Services Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Autocare Services (Interstate Transport) Enterprise Agreement 2025 (the Agreement).

1. The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 41, relating to notice requirements for personal and carer’s leave, may be a more stringent notice requirement than as provided in s.107 of the Act.

• Clause 47.3, relating to deductions on termination, may permit the employer to withhold more monies owing to an employee than under the NES.

1. However, noting clause 7.3 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.

1. Clause 40.5 of the Agreement, relating to direction to take annual leave, is more restrictive than Clause 24 of the Road Transport and Distribution Award and Clause 20 of the Road Transport (Long Distance Operations) Award. The Employer provided an undertaking to resolve this issue.

1. I raised a concern regarding Trainees being better off overall under the Agreement. The Employer has submitted that they do not employ trainees and they do not intend to employ trainees under the Agreement. I am satisfied as per 193(5) that it is not reasonably foreseeable that trainees will be covered by the Agreement for the purpose of the BOOT.  

1. A copy of the undertakings is attached in Annexure 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2025. The nominal expiry date of the Agreement is 1 April 2028.

COMMISSIONER

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Annexure A