Application by Adbervkat Pty Ltd Trading AS Mechpro Solutions AU
Citation: [2026] FWCA 1868
What happened
Adbervkat Pty Ltd, trading as Mechpro Solutions AU, applied for approval of a new enterprise agreement called the MECHPRO Solutions Loy Yang Power Station and Mine (AMWU& CFMEU) Enterprise Agreement 2026. The agreement covers employees in the building, metal and civil construction industries at Loy Yang Power Station and Mine. It was made with the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry and Maritime Employees Union (CFMEU).
What was decided
The Fair Work Commission approved the enterprise agreement. The Deputy President found it met all relevant requirements of the Fair Work Act 2009, including that the unions represent a majority of employees and approval is in the public interest. The agreement will operate from seven days after approval and expires on March 31, 2028. Any inconsistencies with the National Employment Standards will be resolved in favour of the NES.
What it means for employers
Employers entering into enterprise agreements must ensure they comply with all requirements of the Fair Work Act, including union representation and public interest considerations. A precedence clause addressing potential conflicts with the National Employment Standards is advisable to clarify which entitlements apply.
What it means for employees
Employees covered by the approved agreement will have their terms and conditions of employment governed by this enterprise agreement. Any inconsistencies between the agreement and the National Employment Standards will be resolved in favour of the NES, ensuring employees receive the more beneficial entitlements.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1868.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →