The Australian Workers' Union (002N) v Downer EDI Works Pty Ltd Trading AS Downer
Citation: [2026] FWC 2713
At a glance
- Awards cited
- MA000017
What happened
The Australian Workers' Union (AWU) brought a dispute to the Fair Work Commission regarding clause 20.6 of the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2024. The dispute concerns whether Downer EDI Works Pty Ltd (Downer) is required to make superannuation contributions to employees registered with the portable long service leave (PLSL) scheme when they are on PLSL. PLSL is administered by LeavePlus, a scheme established under the Construction Industry Long Service Leave Act 1997 (Vic). Downer argues that employees accessing PLSL are on unpaid leave and therefore superannuation contributions aren't required.
What was decided
The Fair Work Commission ruled in favour of the AWU. Commissioner Fox found that Downer is required to make superannuation contributions to employees registered with the PLSL scheme during periods when they are receiving PLSL, according to clause 20.6 of the enterprise agreement. The Commission considered the ordinary meaning of the words used and adopted a purposive approach to interpretation. It rejected Downer's argument that PLSL constitutes unpaid leave from Downer’s perspective.
What it means for employers
Employers should carefully review their obligations regarding superannuation contributions for employees on portable long service leave. The decision clarifies that PLSL is considered 'paid leave' under the enterprise agreement, requiring continued superannuation payments even when administered by a third-party scheme like LeavePlus. Employers need to ensure they understand how different types of leave impact superannuation responsibilities.
What it means for employees
Employees registered with portable long service leave schemes are entitled to have superannuation contributions made while on PLSL, as per the enterprise agreement. This decision reinforces their right to receive these benefits and ensures they continue accruing superannuation during periods of PLSL.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2713.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →