Application by O&M Pty Ltd
Citation: [2026] FWCA 1760
What happened
O&M Pty Ltd sought approval for the 'O&M Pty Ltd Gippsland Water Mechanical Maintenance Enterprise Agreement 2026'. The agreement is a single enterprise agreement covering some, but not all, employees of the company. The Australian Manufacturing Workers’ Union acted as the bargaining representative and requested the agreement cover them. O&M Pty Ltd provided written undertakings.
What was decided
The Fair Work Commission approved the enterprise agreement on 8 July 2026. It will be effective from 15 July 2026, expiring on 1 July 2029. The Commissioner was satisfied that the requirements of sections 186 to 193A of the Fair Work Act were met and that the undertakings would not cause financial detriment or substantial changes. The agreement now covers the Australian Manufacturing Workers’ Union.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they meet all relevant requirements under the Fair Work Act, including those related to employee representation and fairness in choosing covered employees. Providing written undertakings can help address potential concerns and secure approval.
What it means for employees
Employees should be aware of their right to have unions represented in enterprise bargaining processes. This agreement will now cover members of the Australian Manufacturing Workers’ Union.
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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 →