Application by Austral Masonry (Qld) Pty Ltd
Citation: [2026] FWCA 1780
What happened
Austral Masonry (Qld) Pty Ltd applied to the Fair Work Commission for approval of the Austral Masonry Yatala Enterprise Agreement 2026. The agreement is a single enterprise agreement covering employees of the company. the Applicant provided written undertakings regarding casual minimum engagement, hours of work, personal leave, and adult apprentice rates.
What was decided
The Fair Work Commission approved the Austral Masonry Yatala Enterprise Agreement 2026. the Commissioner noted that one provision relating to personal leave was likely inconsistent with the National Employment Standards (NES). However, they were satisfied that the more beneficial entitlements of the NES would prevail due to undertakings provided. The agreement will expire on 9 July 2029.
What it means for employers
Employers seeking approval for enterprise agreements should carefully review their provisions against the National Employment Standards and be prepared to provide undertakings to address any inconsistencies, as Austral Masonry did here. This ensures compliance with Fair Work legislation.
What it means for employees
Employees covered by the agreement will benefit from the terms outlined in the Austral Masonry Yatala Enterprise Agreement 2026. However, where the agreement’s provisions conflict with National Employment Standards, the NES entitlements will apply.
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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 →