Application by Lph Painting Co Pty Ltd
Citation: [2026] FWC 1879
What happened
LPH Painting Co Pty Ltd applied to the Fair Work Commission for approval of its proposed single-enterprise agreement, the LPH Painting Company Pty Ltd Enterprise Agreement 2026. The application (AG2026/467) was heard by the Commissioner. The Commission considered whether the agreement passed the Better Off Overall Test (BOOT), whether all reasonable steps were taken to explain the agreement to employees, and whether employees genuinely agreed to it. Undertakings were provided as part of the process.
What was decided
The Commissioner approved the LPH Painting Company Pty Ltd Enterprise Agreement 2026 on 28 May 2026, with an expiry date of 28 May 2029. The decision record indicates undertakings were accepted and the agreement was found to satisfy the BOOT, the genuine agreement requirements, and the explanation obligations under the Fair Work Act. The approved agreement is classified as a single-enterprise agreement in the building, metal and civil construction industries.
What it means for employers
Employers in the painting and construction sector seeking enterprise agreement approval must satisfy the Commission that the agreement passes the BOOT, that employees were genuinely given the opportunity to agree, and that all reasonable steps were taken to explain the agreement's terms. Providing undertakings can assist in resolving any concerns the Commission raises during the approval process.
What it means for employees
Employees covered by the LPH Painting Company Pty Ltd Enterprise Agreement 2026 will have their terms and conditions governed by that agreement until at least 28 May 2029. Before approval, the Commission checked that the agreement left employees no worse off overall than the relevant award, and that they had a genuine chance to consider and vote on it.
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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