Application by Akzonobel Pty Ltd
Citation: [2026] FWCA 1775
What happened
Akzonobel Pty Ltd sought approval for a single enterprise agreement, the AkzoNobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2026. The United Workers Union (UWU) was the bargaining representative. Some procedural errors existed with the Notice of Employee Representational Rights (NERR), and there were concerns about clauses potentially conflicting with the National Employment Standards (NES) and Better Off Overall Test (BOOT). Akzonobel provided undertakings to address these issues, including incorporating award provisions and ensuring casual employees and future apprentices/trainees receive at least Award rates plus loadings.
What was decided
The Fair Work Commission approved the enterprise agreement. The Commissioner disregarded minor procedural errors with the NERR. Several clauses were identified as potentially conflicting with the NES, but Akzonobel provided undertakings to resolve these concerns. These included ensuring more beneficial entitlements apply and guaranteeing casual employees and future apprentices/trainees receive at least Award rates plus loadings. The agreement will operate from July 20, 2026, and expire on June 4, 2029.
What it means for employers
Employers should ensure that notices issued to employees accurately reflect the enterprise agreement's title. Thoroughly review agreements for potential conflicts with the National Employment Standards (NES) and Better Off Overall Test (BOOT). Be prepared to provide undertakings to address any concerns raised by the Fair Work Commission.
What it means for employees
Employees should be aware of their entitlements under an approved enterprise agreement. If there are concerns about inconsistencies or unfair terms, raise them during bargaining or seek advice from a union or legal professional. The UWU is covered by this agreement.
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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 →