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austlii:cth/FWCA/2025/3170
General information, not legal advice.
FWCA
2025-09-22
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Recycling Industries Pty Ltd, Alex Fraser Asphalt Pty Ltd
Application for approval of Alex Fraser Transport Agreement 2024 - 2027
[1] 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.
[2] The matter was allocated to my Chambers on 4 September 2025
[3] 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.
[4] 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.
[5] 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.
[6] 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.
[7] 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.
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