Application by ACIRL Quality Testing Services Pty Ltd Trading AS ACTEST
Citation: [2026] FWCA 1981
What happened
ACIRL Quality Testing Services Pty Ltd, trading as ACTEST, applied for approval of the 'ACTEST Newcastle Enterprise Agreement 2025'. The agreement covers employees in the building, metal and civil construction industries. A comparison with the Manufacturing and Associated Industries and Occupations Award 2020 revealed that some clauses were less favourable to delegates than those in the award. To address this, ACIRL Quality Testing Services provided undertakings to the Fair Work Commission.
What was decided
The Fair Work Commission approved the ACTEST Newcastle Enterprise Agreement 2025. The approval is subject to several undertakings from ACIRL Quality Testing Services relating to afternoon and night shift allowances, remuneration for unscheduled shifts, and comparisons of earnings under the award versus the agreement. Clause 49 of the agreement was deemed ineffective due to being less favourable than terms in the applicable modern award.
What it means for employers
Employers should carefully review enterprise agreements to ensure delegate rights are at least as favourable as those provided by relevant awards. They must also be prepared to provide undertakings to address any concerns raised by the Fair Work Commission during the approval process, particularly regarding shift work and remuneration comparisons.
What it means for employees
Employees covered by the agreement will benefit from the approved terms, including specific provisions related to afternoon and night shift allowances and unscheduled shifts. It's important for employees to understand their rights under both the enterprise agreement and the relevant award, as the more favourable term applies.
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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