Application by WBL PTY LTD Trading AS WARRAGUL BUS LINES
Citation: [2026] FWCA 1687
What happened
WBL Pty Ltd, trading as Warragul Bus Lines, sought approval for its enterprise agreement, the WBL Pty Ltd (t/a WARRAGUL BUS LINES) ENTERPRISE AGREEMENT 2026. The Transport Workers’ Union of Australia (TWU) indicated it wanted the agreement to cover them. Several clauses were identified as potentially inconsistent with the National Employment Standards (NES), including those relating to withholding monies at termination, notice for personal leave and evidence requirements for personal leave.
What was decided
The Fair Work Commission approved the enterprise agreement. Commissioner Tran found that where inconsistencies existed between the agreement and the NES, the more beneficial entitlements of the NES would prevail. The agreement will cover the TWU and operate from 7 July 2026 until its expiry date of 30 June 2029.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Clauses that appear inconsistent with the NES will be overridden, meaning the more beneficial entitlements under the NES apply. This highlights the importance of seeking legal advice when drafting or updating enterprise agreements.
What it means for employees
Employees covered by this agreement should be aware that if any clause in the agreement conflicts with their rights under the National Employment Standards (NES), the NES provisions will take precedence. The agreement covers employees of Warragul Bus Lines and is supported by the TWU.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →