Application by Aspen Pharma Pty Ltd
Citation: [2026] FWCA 1812
What happened
Aspen Pharma Pty Ltd sought approval for the Aspen Pharma/UWU (Dandenong, Victoria) Enterprise Agreement 2026. The United Workers Union (UWU) was involved in bargaining. Several clauses within the agreement were found to be inconsistent with the National Employment Standards (NES), including provisions relating to annual leave accrual, personal/carer’s leave, public holidays, and employee agreements for holiday substitutions. Aspen Pharma provided undertakings to address these inconsistencies and ensure employees are better off overall.
What was decided
The Fair Work Commission approved the Aspen Pharma/UWU Enterprise Agreement 2026. The Commissioner found some clauses were inconsistent with the NES but noted that more beneficial entitlements from the NES would prevail. Several undertakings were given by Aspen Pharma to address concerns about shiftworker definitions, Workplace Delegates Rights, trainee and apprentice pay rates, casual employee engagement, spread of ordinary hours, and minimum Sunday engagement. These undertakings became terms of the agreement. The agreement will operate from 20 July 2026 until 31 January 2029.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Any inconsistencies must be addressed through undertakings or revisions. It's crucial to consider the 'better off overall test' and provide assurances that employees are not disadvantaged by the agreement’s terms.
What it means for employees
Employees should understand their rights under the NES, even when covered by an enterprise agreement. If there are concerns about inconsistencies between the agreement and those rights, they can raise them with their union or seek advice from Fair Work.
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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 →