[1] An application has been made for approval of an enterprise agreement known as the BPW Transpec Pty Ltd Enterprise Agreement 2026 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by BPW Transpec Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Annual leave (accrual): Clause 6.1.5(b) provides payment for pro rata leave on termination as though leave accrues weekly. This does not appear to be consistent with s.87(2) of the Act, which provides annual leave accrues progressively or s.90(2) of the Act, which provides that if an employee's employment ends and the employee has a period of untaken but accrued annual leave, the employer must pay the employee the amount they would have received had they taken that leave.

• Annual leave (employee not taken to be on paid annual leave at certain times): Clause 6.3.14 of the Agreement allows employees to substitute annual leave with personal leave if sick for five working days or more. Section 89(2) of the Act provides that if a period of annual leave coincides with a period of other leave under the NES, other than unpaid community service or parental leave, the employee is taken not to be on annual leave at the time, no minimum period of leave required.

• Compassionate leave: Clause 6.3.9 of the Agreement provides for compassionate leave, however it is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s104(1)(c) of the Act.

• Public holidays (substitution): Clause 6.4.5 allows for the substitution of public holidays by majority agreement. Section 115(3) of the Act provides for individual substitution only.

[5] However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] I note that the Agreement does not include a workplace delegates' rights term. As such, the workplace delegates' rights term in clause 34A the Vehicle Repair, Services and Retail Award 2020 is taken to be a term of the Agreement.

[7] The Agreement is approved, and in accordance with s.54, of the Act will operate from 26 December 2025. The nominal expiry date of the Agreement is 31 December 2026.

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