Application by Vopak Terminals Sydney Pty Limited
Citation: [2026] FWCA 1608
What happened
Vopak Terminals Sydney Pty Limited, an employer in the oil and gas industry, sought approval for a new enterprise agreement, the Vopak Terminals Sydney Pty Limited Enterprise Agreement 2026. The application was made under section 185 of the Fair Work Act 2009. Concerns were raised regarding late filing and procedural errors related to the Notice of Employee Representational Rights (NERR). The United Workers’ Union, representing employees, supported the agreement's approval.
What was decided
the Deputy President approved the Vopak Terminals Sydney Pty Limited Enterprise Agreement 2026. He extended the time for making the application and found that any errors regarding the NERR did not disadvantage employees. The Commission also considered written undertakings from the employer, which are now terms of the agreement. Certain clauses were noted to be inconsistent with the National Employment Standards (NES), but the more beneficial NES entitlements will prevail. The agreement covers the United Workers’ Union and will operate from June 25, 2026, expiring on June 18, 2030.
What it means for employers
Employers seeking to implement enterprise agreements should ensure timely filing of applications and adherence to procedural requirements like issuing Notices of Employee Representational Rights. Any deviations require careful explanation and mitigation to avoid delays or rejection. Providing written undertakings can address concerns and become legally binding terms of the agreement.
What it means for employees
Employees covered by the Vopak Terminals Sydney Pty Limited Enterprise Agreement 2026 should be aware that certain clauses may be superseded by more beneficial entitlements under the National Employment Standards (NES). The United Workers’ Union is covered by this agreement, providing representation for its members.
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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 →