Application by Gn Sports Pty Ltd
Citation: [2026] FWCA 2003
What happened
Gn Sports Pty Ltd, with the United Workers Union as a bargaining representative, sought approval for the Gn Sports Pty Ltd and United Workers Union Enterprise Agreement 2026. A minor discrepancy existed between the agreement title on the Notice of Employee Representational Rights and the actual agreement title. The Fair Work Commission considered potential inconsistencies with the National Employment Standards (NES) and the Better Off Overall Test (BOOT).
What was decided
The Fair Work Commission approved the enterprise agreement, effective from August 10, 2026, expiring on March 7, 2028. The Commission disregarded a minor title discrepancy on the NERR. Several undertakings were secured from Gn Sports Pty Ltd to address BOOT concerns regarding compassionate leave, spread of hours, minimum hours for part-time employees and Sunday penalty rates. These undertakings are now legally binding terms of the agreement.
What it means for employers
Employers entering into enterprise agreements must ensure consistency between documentation like NERRs and the actual agreement. They should carefully consider potential inconsistencies with the NES and BOOT requirements, proactively addressing concerns through undertakings to secure approval.
What it means for employees
Employees covered by this agreement benefit from protections related to compassionate leave, minimum hours for part-time work, and Sunday penalty rates due to employer undertakings. It's important to review any enterprise agreements carefully to understand entitlements.
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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 →