Application by Baroda Manufacturing Pty Ltd Trading AS Baroda Manufacturing
Citation: [2026] FWCA 1945
What happened
Baroda Manufacturing Pty Ltd sought approval for its Baroda Manufacturing Enterprise Agreement 2026 under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement and covers some, but not all, employees. A clause regarding compassionate leave was identified as potentially inconsistent with the National Employment Standards. The Australian Manufacturing Workers’ Union acted as the bargaining representative.
What was decided
The Fair Work Commission approved the Baroda Manufacturing Enterprise Agreement 2026. the Commissioner found that while one clause may be inconsistent with the National Employment Standards, the more beneficial entitlements of those standards will apply. The agreement covers the Australian Manufacturing Workers’ Union under section 201(2) of the Act. It is effective from July 30, 2026 and expires on June 30, 2029.
What it means for employers
Employers should carefully review enterprise agreements to ensure consistency with National Employment Standards. Where inconsistencies exist, the more beneficial entitlements of the NES will prevail. Agreements must also fairly choose which employees are covered.
What it means for employees
Employees should be aware that even if an agreement has less favourable terms than the National Employment Standards, the NES provisions will still apply. The Australian Manufacturing Workers’ Union is now covered by this agreement.
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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