Mondialevgl Pty Ltd Trading AS Mondialevgl.Com Summary

[2025] FWCA 2781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mondialevgl Pty Ltd Trading AS Mondialevgl.Com

(AG2025/2573)

MONDIALE VGL PTY LTD AND TRANSPORT WORKERS’ UNION OF AUSTRALIA (NSW BRANCH) SYDNEY TRANSPORT DIVISION ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 AUGUST 2025

Application for approval of the Mondiale VGL Pty Ltd and Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Mondiale VGL Pty Ltd and Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mondialevgl Pty Ltd Trading AS Mondialevgl.Com (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 19 August 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights term

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

Model flexibility term

Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, 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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mondialevgl Pty Ltd Trading AS Mondialevgl.Com is a company involved in the logistics and transport industry. It operates in Sydney and employs drivers under an enterprise agreement. The Transport Workers' Union of Australia (NSW Branch) Sydney Transport Division represents these drivers. The union and Mondialevgl entered into a proposed enterprise agreement for 2024, which was subject to approval by the Fair Work Commission. The union and Mondialevgl applied to the Fair Work Commission for the approval of the proposed agreement. The application was made under the Fair Work Act 2009, which provides a process for the approval of enterprise agreements that meet certain criteria.

The key legal issue before the Fair Work Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. The Commission needed to consider whether the agreement provided for the minimum terms and conditions of employment, included the processes for the resolution of disputes, and did not include terms that were less favourable than the applicable awards or the national system of minimum wages and conditions. The Commission also needed to consider whether the agreement had been made in good faith and whether the process for its making complied with the Act.

In determining whether to approve the agreement, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the proposed agreement provided for the minimum terms and conditions of employment, included the necessary dispute resolution processes, and did not include terms that were less favourable than the applicable awards or the national system. The Commission also found that the agreement had been made in good faith and that the process for its making complied with the Act. Based on these findings, the Fair Work Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Mondiale VGL Pty Ltd and Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division Enterprise Agreement 2024. This decision is a significant step forward for the parties, providing a framework for the employment of drivers in the logistics and transport industry in Sydney. The approved agreement will provide certainty and stability for both employers and employees, and will help to ensure that the industry operates in a fair and efficient manner.

Mondialevgl Pty Ltd Trading AS Mondialevgl.Com

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established