Application by Komform Pty Ltd
Citation: [2026] FWCA 1630
What happened
Komform Pty Ltd, a company in the building, metal and civil construction industries, sought approval for its enterprise agreement, the Komform Pty Ltd Enterprise Agreement 2026. The application was made under section 185 of the Fair Work Act 2009. Clause 4 of the agreement states that entitlements provided by the National Employment Standards (NES) will take precedence if there is a conflict.
What was decided
The Fair Work Commission Deputy President Butler approved the Komform Pty Ltd Enterprise Agreement 2026. The decision was made after considering the Statement of Principles on Genuine Agreement and reviewing the application and declarations filed. The agreement's nominal expiry date is set for June 24, 2030, and it will operate under section 54 of the Fair Work Act.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they align with the National Employment Standards (NES). Any inconsistencies should be addressed so that NES entitlements prevail. Thoroughly review application and declaration requirements before lodging an approval request.
What it means for employees
Employees of Komform Pty Ltd will be covered by the approved Enterprise Agreement 2026. If any terms in the agreement conflict with National Employment Standards, the NES provisions will apply. The agreement is scheduled to expire on June 24, 2030.
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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 →