Application by Christina Carden Trading AS Felton Grimwade & Bosisto's Pty Ltd
Citation: [2026] FWCA 1623
What happened
Felton Grimwade & Bosisto’s Pty Ltd sought approval for its enterprise agreement, the Felton Grimwade & Bosisto’s Pty Ltd Enterprise Agreement 2026. The agreement is a single-enterprise agreement covering employees. A clause regarding employee resignation without notice was identified as potentially inconsistent with the National Employment Standards (NES). The Australian Manufacturing Workers Union (AMWU) indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Felton Grimwade & Bosisto’s Pty Ltd Enterprise Agreement 2026. the Commissioner found that where inconsistencies exist between the agreement and the NES, the more beneficial entitlements of the NES will apply. A clause regarding workplace delegates' rights was deemed less favourable than the award term, so the relevant award term is taken to be part of the agreement. The AMWU is covered by the agreement. It will operate from 1 July 2026 and expire on 30 June 2029.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards (NES). Any clauses that appear less favourable than relevant award terms may be supplemented by those award terms. Careful drafting is needed to avoid inconsistencies and ensure compliance with Fair Work legislation.
What it means for employees
Employees covered by this agreement will benefit from the protections of the NES where the enterprise agreement has conflicting provisions. The AMWU is now covered by this agreement, potentially providing additional representation and benefits for its members.
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/2026fwca1623.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 →