Application by Conplant Pty Ltd
Citation: [2026] FWCA 1867
What happened
Conplant Pty Ltd, a company in the vehicle industry, sought approval for its Enterprise Agreement 2025 – 2029. The application was lodged out of time, but the employer claimed this was due to an administrative error. Initially, the employer incorrectly identified the relevant award used for explaining differences between the agreement and the applicable award. Concerns were raised that the agreement didn't pass the 'better off overall test' (BOOT) regarding junior apprentice wages and Saturday penalty rates.
What was decided
The Fair Work Commission approved Conplant Pty Ltd’s Enterprise Agreement 2025 – 2029, with conditions. The Commissioner extended the time for lodging the application due to a representative error. It was found that an administrative mistake led to the incorrect award being referenced initially. To address BOOT concerns, the employer provided undertakings to improve wages for Grade 1 Junior Apprentices and include Saturday penalty rates. These undertakings are now part of the agreement and will operate from July 29, 2026, expiring on July 22, 2030.
What it means for employers
Employers must ensure applications for enterprise agreements are lodged within the required timeframe. They need to accurately identify the relevant modern award when explaining differences in an agreement. Thoroughly assess whether an agreement passes the 'better off overall test' (BOOT) and address any deficiencies with undertakings if necessary.
What it means for employees
Employees covered by the Conplant Pty Ltd Enterprise Agreement 2025 – 2029 will benefit from improved wages for junior apprentices and Saturday penalty rates, as a result of undertakings made to satisfy the 'better off overall test' (BOOT).
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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 →