Application for approval of the Zarb Road Transport Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Zarb Road Transport Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zarb Road Transport Pty Ltd Trading As Zarb Road Transport (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 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.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement

[5] Noting clause 1(c) 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] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Clerks - Private Sector Award 2020 Award and the Sugar Industry Award 2020 is taken to be a term of the Agreement.

[7] The Australian Workers' Union (AWU) 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 AWU.

[8]

The Agreement is approved and in accordance with s.54 of the Act, will operate from 18 February 2026. The nominal expiry date of the Agreement is 18 February 2029.

Printed by authority of the Commonwealth Government Printer

Section 185 -- Application for approval of a single enterprise agreement

I, Louise Appleton, Organisational Capabilities Manager of Zarb Road Transport Pty Ltd have the authority to provide Undertakings in relation to the Zarb Road Transport Enterprise Agreement 2025 and give the following undertakings with respect to the Zarb Road Transport Enterprise Agreement 2025 ("the Agreement"):

The Employer agrees to the insertion of the model Flexibility term and will abide by those provisions in the relevant circumstances.

The Employer undertakes to apply the provisions of the Dispute Resolution terms of the Clerks Private Sector Award and the Sugar Industry Award as applying under the provisions of the Enterprise Agreement.

The Employer agrees to the insertion of the Workplace Delegates Rights term in the Enterprise Agreement and will abide by those provisions in the relevant circumstances.

The Employer confirms that the National Employment Standards remain in force for the duration of the life of the Enterprise Agreement including any new or varied terms of the National Employment Standards which come into force during that time.

This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

An administrative error occurred in relation to the base rates for Admin/Clerical employees reflecting the current Award rates. The correct higher rates have been substituted into the Enterprise Agreement providing a minor adjustment, and one which does not affect the rates actually paid to the relevant employees.

The Employer has agreed to changes to the spread of hours provisions as proposed by the employees and continued under successive Enterprise Agreements. These changes permit employees to take meals at home and with their family members and does not provide any benefit to the employer.

The Employer provides a roster which permits the company to work the necessary hours to fulfil its obligations under the contract with the industry entities. Those rosters have been refined over many years to provide a rotation of days worked for the employees, rather than some having every weekend off, and others working all weekends. That roster takes in excess of four weeks to complete and therefore restricting the averaging of hours to four weeks is not viable. The Award provides for employees other than field sector to average their weekly hours over longer periods without any further entitlement or remuneration to the employees accruing. The Employer and Employees seek to adopt the "other than field sector" provisions of the award for field sector employees. The employer undertakes to continue this approach in consultation with the relevant employees throughout the life of the Enterprise Agreement.

The Employer undertakes that in the unlikely event that Admin/clerical staff work overtime on weekends, that they will be paid the award provisions in relation to the hours worked, but based on the employee's usual hourly rate and including the relevant minimum hours provisions.

The Employer undertakes that in the event that an employee works overtime and seeks paid time off in lieu of that work, the Employer will apply the award terms in regard to the taking of that Time in Lieu.

The Employer undertakes that Apprentices engaged by the Employer remain entitled to be paid in accordance with Award Apprenticeship entitlements in all regards and including payment for time in training and assessment, that such time will count as time worked and attract accruals and superannuation payment, and count as time worked, as has always been the case in any event.

The Employer undertakes that in the event that an employee works overtime which would attract the payment of a meal allowance, the relevant employee will be paid the current award meal allowance amount plus one dollar on each such occasion.

The Employer notes that the employees are entitled to seek reconciliations of their remuneration against the amount that would have been payable under the relevant award. There is no restriction placed on employees seeking such reconciliations and the Employer undertakes that reconciliations will be provided to employees on request for any pay period or periods.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Louise Appleton, Organisational Capabilities Manager 11th February 2026