austlii:cth/FWCA/2025/2939
General information, not legal advice.
FWCA
2025-09-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
WEARN BULK HAULAGE PTY LIMITED ENTERPRISE AGREEMENT 2025 TO 2029
Application for approval of the Wearn Bulk Haulage Pty Limited Enterprise Agreement 2025 to 2029
[1] 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.
[2] 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.
[3] 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.

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