Application by Aware Super Services Pty Ltd
Citation: [2026] FWCA 1710
What happened
Aware Super Services Pty Ltd applied to have the Aware Super Services Enterprise Agreement 2025 approved. The agreement is a single enterprise agreement covering employees in the banking, finance and insurance industry. The Community and Public Sector Union (CPSU) and the Finance Sector Union of Australia (FSU) indicated they wished for the agreement to cover them.
What was decided
The Fair Work Commission approved the Aware Super Services Enterprise Agreement 2025. It will operate from seven days after approval, expiring on June 30, 2029. The Commissioner confirmed that where there is an inconsistency between the agreement and National Employment Standards (NES), the more beneficial entitlements of the NES will prevail. The CPSU and FSU are covered by the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all relevant sections of the Fair Work Act, including those relating to union coverage and consistency with the National Employment Standards. Agreements should clearly state which entitlements apply when there is a conflict between the agreement and NES.
What it means for employees
Employees covered by this agreement will receive the terms and conditions outlined within it. The agreement operates alongside the National Employment Standards, meaning that if an entitlement in the agreement is less favourable than the NES, the NES provisions will apply.
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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