Application by Notley & Co (1971) Pty Ltd
Citation: [2026] FWCA 1675
What happened
Notley & Co (1971) Pty Ltd applied for approval of the Notley & Co Enterprise Agreement 2026. The agreement covers employees in the building, metal and civil construction industries. The company provided written undertakings to address potential concerns about financial detriment or substantial changes to the agreement. Bargaining representatives were consulted and raised no objections to the undertakings.
What was decided
The Fair Work Commission approved the Notley & Co Enterprise Agreement 2026. Commissioner Lim noted a clause requiring employees to notify absences before work was inconsistent with the National Employment Standards (NES). However, the agreement includes a clause stating that NES entitlements prevail in cases of inconsistency. The agreement will operate from July 6, 2026, and expire on June 29, 2030.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards or include clauses ensuring NES entitlements take precedence. This avoids potential inconsistencies and ensures compliance with Fair Work legislation.
What it means for employees
Employees covered by this agreement benefit from its terms, but should be aware that the National Employment Standards provide a safety net where there is conflict between the agreement and those standards.
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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 →