Application by West Coast Transport Pty Ltd As Trustee For The West Coast Transport Unit Trading Trust Trading AS De Bruyn’s Transport
Citation: [2026] FWCA 2252
At a glance
- Awards cited
- MA000057
What happened
West Coast Transport Pty Ltd, trading as De Bruyn’s Transport, sought approval for the 'De Bruyn Transport – Operational Team Members – Enterprise Agreement 2026'. The agreement is a single enterprise agreement covering employees. The Transport Workers’ Union of Australia (TWU) indicated it wished the agreement to cover them. A clause regarding personal/carer’s leave initially appeared inconsistent with the National Employment Standards, but the agreement prioritises the NES.
What was decided
The Fair Work Commission approved the enterprise agreement. It will operate from 26 August 2026 and expire on 19 August 2030. A workplace delegates’ rights term from the Road Transport and Distribution Award 2020 is incorporated into the agreement. The agreement covers the TWU. the Commissioner noted the agreement’s clause 8.2.2 was likely inconsistent with the National Employment Standards, but clause 1.10.4 ensures the NES prevails.
What it means for employers
Employers creating enterprise agreements must ensure they do not contradict the National Employment Standards. A clause prioritising the NES can mitigate potential inconsistencies. Including a delegates’ rights term is also essential.
What it means for employees
Employees covered by the agreement benefit from the terms outlined, with the National Employment Standards taking precedence where conflicts arise. The TWU is covered by this agreement.
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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