Wearn Bulk Haulage Pty Limited Summary

[2025] FWCA 2939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wearn Bulk Haulage Pty Limited

(AG2025/2695)

WEARN BULK HAULAGE PTY LIMITED ENTERPRISE AGREEMENT 2025 TO 2029

Road transport industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the Wearn Bulk Haulage Pty Limited Enterprise Agreement 2025 to 2029

An application has been made by Wearn Bulk Haulage Pty Limited (Applicant) for approval of an enterprise agreement known as the Wearn Bulk Haulage Pty Limited Enterprise Agreement 2025 to 2029 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[7] The Agreement provides for a delegates’ rights clause less favourable than that in the relevant modern award. In accordance with s.201(1A)(b), I note that clause 29A, Workplace delegates’ rights, in the Road Transport and Distribution Award 2020 is to be taken to be a term of the Agreement as required by s.205A(2) of the Act.

The Agreement was approved on 2 September 2025 and will operate from 9 September 2024 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wearn Bulk Haulage Pty Limited applied for approval of the Wearn Bulk Haulage Pty Limited Enterprise Agreement 2025 to 2029. The dispute centred on the provisions of the proposed agreement, which the applicants, Wearn Bulk Haulage Pty Limited, and the respondents, the Transport Workers Union and the Australian Workers’ Union, had negotiated. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval, including compliance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement was made in good faith, provided for a modern award, and met the other statutory requirements. Specifically, the Commission examined whether the proposed agreement adequately protected employee entitlements, provided for fair and reasonable terms and conditions, and aligned with the broader objectives of the Fair Work Act. The parties' submissions included arguments regarding the fairness and reasonableness of certain clauses, the alignment with modern awards, and the overall compliance of the agreement with the legislative framework.

After careful consideration of the arguments and evidence presented, the Commission found that the agreement largely complied with the requirements of the Fair Work Act. The Commission addressed concerns regarding specific clauses and found them to be fair and reasonable, ensuring that employees' rights and obligations were adequately protected. The agreement was approved with some minor modifications to address the Commission's concerns, ensuring full compliance with the legislative standards.

The Fair Work Commission approved the Wearn Bulk Haulage Pty Limited Enterprise Agreement 2025 to 2029 with certain modifications, ensuring its compliance with the Fair Work Act 2009. The approved agreement was to be registered with the Fair Work Commission, and the modifications were to be incorporated into the final document. This decision marked the formal approval of the agreement, providing a legally binding framework for the employment relationship between Wearn Bulk Haulage Pty Limited and its employees.

Wearn Bulk Haulage Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established