Application by G.M Kane & Sons Pty Ltd
Citation: [2026] FWCA 1776
What happened
G.M Kane & Sons Pty Ltd, trading as GMK Logistics, sought approval for the GMK Logistics and United Workers Union Enterprise Agreement 2025. The Fair Work Commission considered the application under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement covering employees. The employer provided written undertakings which were deemed acceptable. The United Workers’ Union confirmed its desire for the agreement to cover its members.
What was decided
The Fair Work Commission approved the GMK Logistics and United Workers Union Enterprise Agreement 2025, effective from July 27, 2026, with a nominal expiry date of June 30, 2028. The agreement included variations to clause 21, addressing defects identified by the Commission referencing previous court decisions. These variations were agreed upon by both parties and are considered appropriate. A corrected copy of Clause 21 was filed on June 24, 2026.
What it means for employers
Employers should ensure enterprise agreements comply with Fair Work Act requirements and relevant case law. They must be prepared to address defects identified by the Commission and engage in discussions to make necessary variations, as demonstrated by G.M Kane & Sons Pty Ltd’s willingness to amend clause 21.
What it means for employees
Employees covered by the GMK Logistics and United Workers Union Enterprise Agreement 2025 will benefit from the terms outlined in the agreement, including any variations made to address identified defects. The union's role as a bargaining representative is acknowledged.
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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 →