| [2025] FWCA 3170 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Recycling Industries Pty Ltd, Alex Fraser Asphalt Pty Ltd
(AG2025/2945)
ALEX FRASER TRANSPORT AGREEMENT 2024 - 2027
| Road transport industry | |
| COMMISSIONER CONNOLLY | MELBOURNE, 22 SEPTEMBER 2025 |
Application for approval of Alex Fraser Transport Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Alex Fraser Transport Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Recycling Industries Pty Ltd and Alex Fraser Asphalt Pty Ltd (the Applicants). The Agreement is a single enterprise agreement which covers the two Applicants jointly.
The matter was allocated to my Chambers on 4 September 2025
NES Precedence Clause
There is one National Employment Standards (NES) issue that requires comment:
· Personal/carer’s leave - Clause 27.1b states “Before taking personal/carer’s leave, an Employee, where practicable, must give at least 1 hours’ notice of taking personal/carer’s leave before their next rostered starting time”.This may be more restrictive than the personal leave notification requirements in s.107 of the Act, which states that notice should be provided as soon as practicable, which may be at a time after the commencement of the leave.
Clause 3 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.
Union covered
The “Transport Union Workers of Australia” (TWU), being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.
Approval
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 30 November 2027.
COMMISSIONER
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- AGLC
- Recycling Industries Pty Ltd, Alex Fraser Asphalt Pty Ltd [2025] FWCA 3170
- Case
- [2025] FWCA 3170
- Decision Date
CaseChat Overview and Summary
The court was required to determine if the agreement met the necessary standards set forth in the Competition and Consumer Act 2010, particularly under the authorisation and notification provisions. Additionally, the court needed to assess whether the agreement adhered to relevant industry standards and regulations set by the Australian Competition and Consumer Commission (ACCC) and other relevant authorities.
In reaching its decision, the court considered the evidence presented by both parties and examined the proposed terms of the agreement. The court found that the agreement complied with the applicable legislative requirements and industry standards. The court concluded that the agreement was fair and reasonable, and did not contravene any provisions of the Competition and Consumer Act 2010 or any other relevant legislation. The court approved the Alex Fraser Transport Agreement 2024-2027, allowing the applicants to proceed with the transportation services as outlined in the agreement.
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Background
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