Application by JNR Civil
Citation: [2026] FWCA 1641
What happened
JNR Civil applied to the Fair Work Commission for approval of their JNR Civil Enterprise Agreement 2026-2030. The agreement covers employees in the building, metal and civil construction industries. It is a single enterprise agreement. Workplace delegates’ rights are included based on the relevant award. Clause 4(f) states that the National Employment Standards (NES) apply unless the agreement provides a better outcome.
What was decided
The Fair Work Commission approved the JNR Civil Enterprise Agreement 2026-2030. The Commissioner noted some inconsistencies with the NES, specifically regarding annual leave, public holidays and termination. However, these did not prevent approval. The agreement will take effect seven days after its formal approval, as per section 54 of the Fair Work Act.
What it means for employers
Employers creating enterprise agreements must ensure they align with the National Employment Standards or provide more favourable conditions for employees. Any inconsistencies need careful consideration to avoid hindering approval by the Fair Work Commission.
What it means for employees
Employees covered by the JNR Civil Enterprise Agreement 2026-2030 will have the benefit of the agreement’s terms, with the National Employment Standards applying where the agreement doesn't provide a better outcome. Workplace delegates’ rights are also included from the relevant award.
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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 →