Application by No. 1 Riverside Quay Pty Ltd Trading AS BP Retail
Citation: [2026] FWCA 1871
What happened
No. 1 Riverside Quay Pty Ltd Trading As BP Retail (the Employer) sought approval for the No1 Riverside Quay National Enterprise Agreement 2025. The agreement is a single enterprise agreement covering employees. Concerns were raised about clauses potentially inconsistent with the National Employment Standards (NES), including those relating to abandonment of employment, personal leave evidence and deductions on termination. The Shop, Distributive and Allied Employees’ Association (SDA) indicated it wanted the agreement to cover its members.
What was decided
The Fair Work Commission approved the No1 Riverside Quay National Enterprise Agreement 2025. Several clauses were identified as potentially inconsistent with the NES, but these concerns are addressed through undertakings provided by the Employer. A delegates’ rights term from the Vehicle Repair, Services and Retail Award 2020 is now a term of the agreement. The agreement will operate from July 24, 2026, and expire on July 24, 2030.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Providing undertakings can address inconsistencies but requires careful consideration of their impact. Ensure delegate rights provisions are consistent with relevant awards.
What it means for employees
Employees covered by the agreement benefit from the protections of the NES, which will prevail over any inconsistent clauses in the enterprise agreement. The inclusion of a delegates’ rights term ensures certain entitlements as per the Vehicle Repair, Services and Retail Award 2020.
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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 →