Application by Austral Constructions Pty Ltd Trading AS Austral Construction Pty Ltd
Citation: [2026] FWCA 1937
At a glance
- Awards cited
- MA000173
What happened
Austral Constructions Pty Ltd Trading AS Austral Construction Pty Ltd applied to the Fair Work Commission for approval of a single enterprise agreement, named the Austral Construction Pty Ltd Eastern Region Enterprise Agreement 2026. The company filed written undertakings with its application. The agreement covers employees in the building, metal and civil construction industries within the eastern region.
What was decided
The Fair Work Commission approved the Austral Construction Pty Ltd Eastern Region Enterprise Agreement 2026. The Commissioner was satisfied that the undertakings would not cause financial detriment to employees or result in substantial changes to the agreement. A clause regarding delegates’ rights, which was less favourable than the equivalent clause in the Building and Construction General On-Site Award 2020, was replaced with the award's clause. The agreement will operate from July 29, 2026, and expire on July 23, 2030.
What it means for employers
Employers seeking to implement enterprise agreements should ensure that all clauses are at least as favourable as relevant awards. Any less favourable terms may be replaced with the award’s provisions under section 205A of the Fair Work Act. Providing written undertakings can help secure approval for an agreement.
What it means for employees
Employees covered by the Austral Construction Pty Ltd Eastern Region Enterprise Agreement 2026 should review the agreement and any associated undertakings, particularly regarding delegates’ rights which will be governed by clause 36A of the Building and Construction General On-Site 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 →