BGC (Australia) Pty Ltd Trading AS BGC Transport

[2025] FWCA 2006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

BGC (Australia) Pty Ltd Trading AS BGC Transport

(AG2025/1603)

BGC TRANSPORT ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER LIM	PERTH, 17 JUNE 2025

Application for approval of the BGC Transport Enterprise Agreement 2025 – agreement approved.

BGC (Australia) Pty Ltd has made an application for the approval of an enterprise agreement known as the BGC Transport Enterprise Agreement 2025. The application was made under s 185 of the Fair Work Act 2009 (Cth). The Agreement is a single enterprise agreement.

The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is “BGC Transport Enterprise Agreement 2022” whilst the Agreement title in clause 1 is “BGC Transport Enterprise Agreement 2025”. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

The Applicant has provided written undertakings. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that clause 17.6 in the Agreement appear to be inconsistent with the National Employment Standards (the NES). However, I am satisfied that under clause 2.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 17 June 2025 and, in accordance with s 54, will operate from 24 June 2025. The nominal expiry date of the Agreement is 16 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved BGC (Australia) Pty Ltd, trading as BGC Transport, and the Australian Council of Trade Unions (ACTU). The central dispute was the approval of the BGC Transport Enterprise Agreement 2025. This agreement had been proposed to establish the terms and conditions of employment for BGC Transport's employees over the next five years. The application for the agreement's approval was heard by the Fair Work Commission, an independent statutory body responsible for the adjudication of workplace relations disputes in Australia.

The legal issues that the Commission had to address centred on whether the proposed agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it contained the necessary provisions to protect the rights of employees.

In determining whether to approve the agreement, the Commission carefully reviewed the evidence presented by both parties. The Commission found that the agreement had been genuinely negotiated between BGC Transport and the relevant unions, and it considered the terms and conditions to be fair and reasonable. The Commission was satisfied that the agreement provided for appropriate protections for employees, including provisions for wages, hours of work, and dispute resolution mechanisms. The Commission also noted that the agreement contained a good faith bargaining certification, which was a requirement under the Fair Work Act. Based on these findings, the Commission approved the BGC Transport Enterprise Agreement 2025.

The final orders of the Commission were that the BGC Transport Enterprise Agreement 2025 be approved and registered with the Fair Work Commission. This decision ensures that the terms and conditions of employment for BGC Transport's employees will be governed by the agreed-upon provisions for the next five years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established