Epping Transport Pty Ltd

[2025] FWCA 3533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Epping Transport Pty Ltd

(AG2025/3407)

EPPING TRANSPORT PTY. LTD. CONCRETE AGITATOR DELIVERY DRIVERS AGREEMENT 2025-2029

Road transport industry
COMMISSIONER CONNOLLY	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Epping Transport Pty. Ltd. Concrete Agitator Delivery Drivers Agreement 2025-2029.

An application has been made for approval of an enterprise agreement known as the Epping Transport Pty. Ltd. Concrete Agitator Delivery Drivers Agreement 2025-2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Epping Transport Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 10 October 2025.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 22 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Epping Transport Pty Ltd applied to the Fair Work Commission for approval of the Epping Transport Pty Ltd Concrete Agitator Delivery Drivers Agreement 2025-2029. The union, United Voice, opposed the application. The central issue before the Commission was whether the proposed agreement adequately safeguarded the drivers' working conditions and provided sufficient protections against potential changes in the industry. The union contended that the agreement did not sufficiently protect the drivers from adverse changes that could occur due to the evolving nature of the concrete delivery industry, particularly regarding the potential introduction of automated delivery vehicles.

The Commission considered the nature of the industry, the role of the drivers, and the potential for technological advancements that could impact the drivers' employment conditions. The union argued that the agreement failed to provide adequate protections against such changes, particularly in terms of job security, retraining, and transition provisions. The Commission examined the provisions of the agreement and whether they offered sufficient protections to the drivers against potential adverse changes in the industry. The Commission determined that the agreement provided adequate safeguards for the drivers, including provisions for consultation, retraining, and transitional support in the event of significant changes in the industry. The Commission was satisfied that the agreement included appropriate mechanisms to address potential changes and ensure the drivers' interests were protected.

The Fair Work Commission approved the Epping Transport Pty Ltd Concrete Agitator Delivery Drivers Agreement 2025-2029, subject to certain modifications to address the union's concerns. The Commission found that the agreement adequately protected the drivers' interests and provided sufficient safeguards against potential changes in the industry. The union's application to set aside the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established