CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport

[2025] FWCA 385

[2025] FWCA 385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport

(AG2024/4671)

CENTURION TRANSPORT – NATIONAL LONG DISTANCE ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 31 JANUARY 2025

Application for approval of the Centurion Transport – National Long Distance Enterprise Agreement 2024

1. CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport (the Applicant) has made an application for the approval of an enterprise agreement known as the Centurion Transport – National Long Distance Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. Following an assessment of the Agreement and application materials, my Chambers emailed the parties a list of initial concerns on 12 December 2024 and requested a response from the Applicant. The Applicant provided an initial response alongside a proposed undertaking. The Transport Workers’ Union of Australia (the Union) provided views in reply to the Applicant’s response and sought for the Applicant to provide further undertakings. A conference was listed on 29 January 2025, in which the Commission sought to discuss the primary issues with the parties. Shortly after the conference, the Applicant filed an updated undertaking.

1. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. 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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport (Long Distance Operations) Award 2020 is taken to be a term of the Agreement. 

1. The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527843  PR783843>