Bapcor Limited trading as Bapcor Logistics Services Pty Ltd Summary

[2025] FWCA 2674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bapcor Limited trading as Bapcor Logistics Services Pty Ltd

(AG2025/2541)

BAPCOR (EX-PRESTON) WAREHOUSE AGREEMENT VIC 2025

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 11 AUGUST 2025

Application for approval of the Bapcor (Ex-Preston) Warehouse Agreement VIC 2025

An application has been made for approval of an enterprise agreement known as the Bapcor (Ex-Preston) Warehouse Agreement VIC 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bapcor Limited trading as Bapcor Logistics Services Pty Ltd. The Agreement is a single enterprise agreement.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 Agreement is approved and in accordance with s.54, will operate from 18 August 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bapcor Limited, trading as Bapcor Logistics Services Pty Ltd, seeking approval for the Bapcor (Ex-Preston) Warehouse Agreement VIC 2025. This agreement was intended to govern the relationship between the applicant and its employees, particularly those in the warehouse sector. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the necessary legislative requirements for approval. The Fair Work Commission was the court that heard the matter.

The primary legal issues the court had to address were whether the proposed agreement met the criteria for an enterprise agreement under the Fair Work Act 2009. This included examining whether the agreement was genuinely an enterprise agreement, whether it contained the appropriate provisions, and if it had been made in good faith. The court also needed to determine whether the agreement was consistent with the relevant industrial instruments and did not include any unlawful content.

The Fair Work Commission concluded that the proposed agreement was a genuine enterprise agreement and contained all the necessary provisions as required by the Fair Work Act 2009. The court found that the agreement was made in good faith and was consistent with the relevant industrial instruments. Additionally, the commission determined that there was no unlawful content in the agreement. As a result, the application for approval of the Bapcor (Ex-Preston) Warehouse Agreement VIC 2025 was approved.

The final orders of the court were that the proposed agreement, the Bapcor (Ex-Preston) Warehouse Agreement VIC 2025, be approved and registered with the Fair Work Commission. This decision allowed the agreement to come into effect, governing the relationship between Bapcor Limited and its employees in the warehouse sector.

Bapcor Limited trading as Bapcor Logistics Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established