Application by Mesh And Bar
Citation: [2026] FWCA 1944
What happened
Mesh & Bar Pty Limited applied to have its enterprise agreement, the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2026, approved. The agreement would apply to employees covered by the Manufacturing and Associated Industries and Occupations Award 2020. Several clauses were identified as potentially inconsistent with the National Employment Standards (NES), including those relating to casual conversion, parental leave, public holiday substitution, and withholding termination payments. The Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) are bargaining representatives for the agreement.
What was decided
The Fair Work Commission approved the Mesh & Bar Pty Ltd New South Wales Enterprise Agreement 2026. Deputy President Wright allowed an amendment to the signature page under s.586(a). The Commission addressed inconsistencies with the NES through written undertakings from the employer, which were made a term of the agreement. These undertakings prevent financial detriment to employees and avoid substantial changes to the agreement. The agreement will operate from July 30, 2026, and expire on June 30, 2029.
What it means for employers
Employers creating enterprise agreements must ensure they align with the National Employment Standards (NES). Any clauses that appear restrictive or inconsistent require careful consideration and may need to be addressed through undertakings. The Commission can amend documents to correct non-compliance.
What it means for employees
Employees should review any new enterprise agreement to understand how it affects their rights and entitlements, particularly regarding casual conversion, parental leave, public holidays, and termination payments. Union representation is important in negotiating these agreements.
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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 →