austlii:cth/FWCA/2025/4354
General information, not legal advice.
FWCA
2025-12-18
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
FBT TRANSWEST PTY LTD (VICTORIA)-TWU ENTERPRISE AGREEMENT 2025
Application for approval of the FBT Transwest Pty Ltd (Victoria)-TWU Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the FBT Transwest Pty Ltd (Victoria)-TWU Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
[3] Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
[4] The Transport Workers Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
[5] The Agreement is approved today 18 December 2025. It will operate from 25 December 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2029.
Printed by authority of the Commonwealth Government Printer