Butler Freight Services Pty Ltd T/A Butler Freight / Extra Transport Summary

[2025] FWCA 607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Butler Freight Services Pty Ltd T/A Butler Freight / Extra Transport

(AG2025/273)

BUTLER FREIGHT SERVICES PTY LTD - TWU ENTERPRISE AGREEMENT 2024 - 2027

Road transport industry
COMMISSIONER TRAN	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Butler Freight Services Pty Ltd - TWU Enterprise Agreement 2024 - 2027

Butler Freight Services Pty Ltd has applied for approval of an enterprise agreement known as Butler Freight Services Pty Ltd – TWU Enterprise Agreement 2024 – 2027 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving 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 is approved and, despite clause 3 of the Agreement and in accordance with s 54 of the Act, will operate from 24 February 2025.

In accordance with clause 3 of the Agreement, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Butler Freight Services Pty Ltd, trading as Butler Freight, sought approval for a proposed enterprise agreement with the Transport Workers Union (TWU). The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the relevant legislative provisions.

The Commission considered the submissions from both parties and examined the proposed agreement in detail. Key points of contention included the terms of remuneration, the classification of employees, and provisions related to working hours and leave entitlements. The TWU argued that the agreement adequately reflected the needs and expectations of its members, while Butler Freight Services maintained that the terms were fair and reasonable and aligned with industry standards. The Commission assessed the agreement against statutory criteria, ensuring that it did not undermine the protection of employees' rights and did not adversely affect the public interest. After careful consideration, the Commission concluded that the proposed agreement was fair and reasonable on the whole and did not adversely affect the public interest. The agreement was thus approved and registered, setting the terms and conditions of employment for the relevant period.

In approving the agreement, the Commission made specific findings that the terms provided for fair remuneration, reasonable working hours, and adequate leave provisions, while also considering the broader economic context and the need for a balanced approach to the interests of both employers and employees. The decision highlights the importance of ensuring that enterprise agreements are comprehensive, fair, and compliant with legislative requirements.

Butler Freight Services Pty Ltd T/A Butler Freight / Extra Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established