BPW Transpec Pty Ltd

[2024] FWCA 4641

[2024] FWCA 4641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

BPW Transpec Pty Ltd

(AG2024/4886)

BPW TRANSPEC PTY LTD ENTERPRISE AGREEMENT 2025

Vehicle industry
COMMISSIONER PERICA	MELBOURNE, 23 DECEMBER 2024

BPW Transpec Pty Ltd Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the BPW Transpec Pty Ltd Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. I note that the following provisions are likely to be inconsistent with the National Employment Standards:

·   Clause 6.1.5(b) – Accrual of annual leave

·   Clause 6.1.5(c) – Annual leave – Loading on termination

·   Clause 6.3.14 – Substitution of annual leave

·   Clause 6.4.5 – Public holidays

1. However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

1. The Agreement is approved today 23 December 2025. It will operate from 30 December 2025 as required by section 54 of the Act. The nominal expiry date is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527393  PR782761>