Application for approval of the Cartage Australia Pty Ltd - TWU Enterprise Agreement 2025 - 2028

[1] Cartage Australia Pty Ltd has applied for approval of an enterprise agreement known as the Cartage Australia Pty Ltd - TWU Enterprise Agreement 2025 - 2028 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] It appears that the Notice of Employee Representational Rights was provided to employees on a company letterhead, inconsistent with s 174(1A)(c). I am satisfied that the above error was a minor technical error and I disregard it in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

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

• Clause 13.2 - Withholding monies at termination

• Clause 13.4 - Notice of termination

• Clause 34/4 - Public holidays (substitution)

[5] Clause 6.1 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Clause 13.2 provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

[7] The Employer has provided written undertakings. 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.

[8] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[9] The Agreement does not contain a consultation term that meets the requirements of the Act and so it is not a consultation term. The employer offered an undertaking; but s 205(2) provides that where an agreement does not include a consultation term then the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. Therefore, clause 15 of the Agreement is replaced by the model consultation term, which is appended at the end of the Agreement.

[10] The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

[11] The Agreement is approved and despite clause 4.1 will operate from 7 January 2026, in accordance with s 54 of the Act.

[12] In accordance with clause 4.1, the nominal expiry date of the Agreement is 2 May 2028.

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