Application by Dalrymple Bay Coal Terminal Pty Ltd
Citation: [2026] FWCA 1749
What happened
Dalrymple Bay Coal Terminal Pty Ltd applied for approval of its Bulk Handling Enterprise Agreement 2026 under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement covering employees. Unions including the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Australian Workers' Union (AWU) and Australian Manufacturing Workers’ Union (AMWU) notified their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2026. The Commissioner noted a potential inconsistency with the National Employment Standards, specifically clause 3.5 regarding compassionate leave. The Commission confirmed that the more beneficial entitlements under the National Employment Standards will apply where there is an inconsistency. The agreement covers the CEPU, AWU and AMWU and expires on March 1, 2029. As the Commissioner stated, 'The Agreement is approved and will operate in accordance with s.54 of the Act.'
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Any inconsistencies will be resolved in favour of the NES entitlements.
What it means for employees
Employees covered by this agreement benefit from the terms outlined within it. However, if any clause is less favourable than the National Employment Standards, the NES provisions will apply instead.
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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 →