BGC (Australia) Pty Ltd Trading AS BGC Transport

[2025] FWCA 2006

[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.

1. 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.

1. 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. 

1. 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. 

1. 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. 

1. 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.

1. 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. 

1. 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

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Annexure A