Application by Kaefer Integrated Services Pty Ltd
Citation: [2026] FWCA 1968
At a glance
- Awards cited
- MA000213
What happened
Kaefer Integrated Services Pty Ltd applied to the Fair Work Commission for approval of the KAEFER Alcoa Site Agreement 2026. The Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative. Several clauses in the agreement potentially conflicted with the National Employment Standards (NES), including provisions relating to compassionate leave, public holiday substitution, and withholding pay on termination. Concerns were raised about minimum engagement for part-time and casual employees.
What was decided
The Fair Work Commission approved the KAEFER Alcoa Site Agreement 2026. The agreement will operate from August 4, 2026, and expire July 28, 2027. Kaefer Integrated Services Pty Ltd provided undertakings to address inconsistencies with the NES, ensuring that where conflicts arise, the more beneficial NES provisions apply. These undertakings also cover minimum engagement hours for part-time and casual employees. The Commission considers these undertakings a term of the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Any inconsistencies must be addressed through undertakings or amendments, ensuring the NES provisions prevail where more beneficial to employees. Consideration should also be given to minimum engagement guarantees for part-time and casual workers.
What it means for employees
Employees covered by the KAEFER Alcoa Site Agreement 2026 will benefit from the agreement’s terms, but any inconsistencies with the National Employment Standards (NES) will be resolved in their favour. The agreement includes a commitment to minimum engagement hours for part-time and casual employees.
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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 →