Application by Rob Carr Pty Ltd
Citation: [2026] FWCA 1754
What happened
Rob Carr Pty Ltd applied to the Fair Work Commission for approval of the Rob Carr Enterprise Agreement 2026, covering employees in the building, metal and civil construction industries. The agreement was approved subject to certain undertakings. An application was also made to vary the agreement to correct an error relating to wording regarding ‘eligible employees’ versus ‘eligible workers’, which originated from a clause copied from other awards. Bargaining representatives were consulted and consented to the variation.
What was decided
The Fair Work Commission approved the Rob Carr Enterprise Agreement 2026, effective from July 14, 2026, with a nominal expiry date of July 6, 2030. The Commission also approved a variation to correct an error in clause 34, replacing ‘eligible employees’ with ‘eligible workers’. This variation will also be effective from July 14, 2026. The decision was made under sections 185, 190 and 218A of the Fair Work Act 2009.
What it means for employers
Employers should carefully review enterprise agreements to ensure accuracy and consistency with relevant awards and legislation. When copying clauses from other documents, verify that the wording remains appropriate and current during the agreement drafting process. A formal variation application can be used to correct obvious errors.
What it means for employees
Employees covered by the Rob Carr Enterprise Agreement 2026 should be aware of the changes made to clause 34 regarding eligibility for workplace delegate rights, which now uses the term ‘eligible workers’ instead of ‘eligible employees’.
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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 →