Application by Swan Materials Pty Ltd Trading AS Swan Concrete
Citation: [2026] FWCA 1806
What happened
Swan Materials Pty Ltd, trading as Swan Concrete, sought approval for the 'Swan Concrete Batchers and Despatchers Enterprise Agreement 2026'. The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009. The agreement covers batchers and despatchers at a single enterprise.
What was decided
The Fair Work Commission approved the Swan Concrete Batchers and Despatchers Enterprise Agreement 2026. However, it noted some clauses appeared inconsistent with the National Employment Standards (NES). These included provisions relating to ordinary hours of work, public holiday pay, deductions from wages for failed notice periods, and general deductions. The Commissioner stated that where inconsistencies existed, the more beneficial entitlements under the NES would apply. The agreement will operate from 20 July 2026 until 31 December 2028.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Clauses that appear inconsistent with the NES may still be approved, but the more beneficial NES entitlements will prevail. Clearly defining deduction sources and ensuring deductions are reasonable and legal is crucial.
What it means for employees
Employees covered by this agreement should be aware that even if an enterprise agreement contains less favourable terms than the National Employment Standards (NES), the NES provisions will apply instead. This provides a safety net for minimum employment entitlements.
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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 →