B & E Blanch Pty Ltd Trading AS Cdc Regional Nsw Summary

[2025] FWCA 3394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

B & E Blanch Pty Ltd Trading AS Cdc Regional Nsw

(AG2025/3138)

CDC AND TWU REGIONAL NSW DRIVERS ENTERPRISE AGREEMENT 2025

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 OCTOBER 2025

Application for approval of the CDC and TWU Regional NSW Drivers Enterprise Agreement 2025

An application has been made by B & E Blanch Pty Ltd (Applicant) for approval of an enterprise agreement known as the CDC and TWU Regional NSW Drivers Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Transport Workers Union (TWU) was a bargaining representative for the Agreement and has given 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 TWU.

The Agreement was approved on 10 October 2025 and will operate from 17 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by B & E Blanch Pty Ltd, trading as CDC Regional NSW, for the approval of the CDC and TWU Regional NSW Drivers Enterprise Agreement 2025. The parties to the dispute were the employer and the Transport Workers Union of Australia, as the representative of the employees. The primary issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and, in particular, whether it met the "better off overall test". This test ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions.

The court was required to examine the proposed terms and conditions of employment outlined in the enterprise agreement, including wages, hours of work, leave entitlements, and other employment-related matters. It needed to assess whether the agreement provided employees with conditions that were at least as favourable as their existing conditions, taking into account both financial and non-financial benefits. The court also considered submissions from both the employer and the union regarding the agreement's compliance and its impact on the employees.

The Fair Work Commission found that the proposed enterprise agreement did meet the better off overall test. The court determined that the agreement provided employees with improved conditions, both financially and in terms of non-financial benefits, such as enhanced job security and working conditions. The Commission approved the agreement, recognising that it offered a fair and reasonable balance of benefits for both the employer and the employees. The decision confirmed that the enterprise agreement would now become the legally binding terms of employment for the relevant employees.

The final orders included the approval of the CDC and TWU Regional NSW Drivers Enterprise Agreement 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees represented by the union. The decision ensured that the employees would benefit from the improved terms outlined in the agreement, while also providing the employer with the certainty and flexibility necessary to manage its operations effectively.

B & E Blanch Pty Ltd Trading AS Cdc Regional Nsw

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established