Autocare Services Pty Ltd Trading AS As Above Summary

[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

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).

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.

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Autocare Services Pty Ltd, trading as the above, sought approval of the Autocare Services (Interstate Transport) Enterprise Agreement 2025 from the Fair Work Commission. The application was made under section 230 of the Fair Work Act 2009, and the matter was heard by Commissioner Derrington. The dispute centred on whether the proposed agreement was in the public interest and met the criteria for approval, including compliance with the Act and fairness to all parties involved.

The primary legal issue before the court was whether the agreement was a "better off overall test" (BOOT) agreement. This required the Commission to assess if the agreement provided a net benefit to the employees compared to the applicable award or safety net. The court had to consider whether the proposed agreement provided for fair and reasonable terms and conditions, and if it was consistent with the principles of the industrial relations system. Another significant issue was whether the agreement adequately protected the rights and interests of employees, particularly in terms of wages, hours of work, and other conditions of employment.

After a thorough review of the agreement, the Commissioner determined that it met the BOOT criteria and was in the public interest. The agreement was found to provide a net benefit to the employees, as it offered improved wages and conditions compared to the applicable award. The Commissioner also noted that the agreement provided adequate protections for employees, including provisions for consultation and dispute resolution. The court concluded that the proposed agreement was fair and reasonable, and it approved the Autocare Services (Interstate Transport) Enterprise Agreement 2025 under section 230 of the Fair Work Act 2009.

The final orders of the Commission were that the Autocare Services (Interstate Transport) Enterprise Agreement 2025 be approved as a registered agreement, effective from 1 July 2025, until 30 June 2029. The agreement was to be registered with the Fair Work Commission and binding on all parties, including the employer, employees, and their respective organisations. The approval was subject to the agreement being amended in accordance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

Autocare Services Pty Ltd Trading AS As Above

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established