Application by Central Australian Aboriginal Congress Corporation Trading AS Central Australian Aboriginal Congress
Citation: [2026] FWCA 1852
At a glance
- Awards cited
- MA000213
What happened
Central Australian Aboriginal Congress Corporation sought approval for the Central Australian Aboriginal Congress Enterprise Agreement 2026–2029 under the Fair Work Act 2009. The agreement is a single enterprise agreement covering employees. Concerns were raised about clause 25.2a) potentially conflicting with National Employment Standards (NES). Three unions—the Australian Nursing and Midwifery Federation, Australian Salaried Medical Officers’ Federation, and United Workers Union—indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Central Australian Aboriginal Congress Enterprise Agreement 2026–2029. The Commissioner noted a potential inconsistency with the NES but ensured the more beneficial entitlements of the NES would prevail. Written undertakings were provided and accepted, preventing financial detriment to employees. A delegates’ rights term was incorporated from another award. The agreement will operate from July 23, 2026, and expire on July 23, 2029.
What it means for employers
Employers should carefully review enterprise agreements to ensure compliance with the National Employment Standards. Providing written undertakings can address concerns about potential inconsistencies within an agreement. Including a delegates’ rights term is also essential for legal compliance.
What it means for employees
Employees covered by this agreement will benefit from the terms outlined, with the NES providing additional protections where conflicts arise. Union members of ANMF, ASMOF and UWU are now covered by this enterprise 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 →