Application by B&D Australia Pty Ltd
Citation: [2026] FWCA 2008
What happened
B&D Australia Pty Ltd applied to have its enterprise agreement, the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2026, approved. The agreement would apply to employees covered by the Manufacturing and Associated Industries and Occupations Award 2020. Several issues were raised regarding potential inconsistencies with the National Employment Standards (NES), including clauses relating to redundancy pay and annual leave for shiftworkers. The Australian Manufacturing Workers’ Union (AMWU) is a bargaining representative for the agreement.
What was decided
The Fair Work Commission approved the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2026, effective from August 6, 2026, and expiring on July 1, 2029. The Commission allowed an amendment to the signature page of the agreement under s.586(a). Several issues were addressed through written undertakings provided by the employer to ensure compliance with the Fair Work Act and NES. The AMWU is covered by the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure they comply with the National Employment Standards (NES) and other relevant legislation. Any inconsistencies need to be addressed through written undertakings or amendments to avoid approval being denied. Ensure apprentice pay rates are clearly defined within an enterprise agreement.
What it means for employees
Employees should be aware of their rights under the approved enterprise agreement, particularly regarding redundancy pay and annual leave entitlements for shift workers. The AMWU is 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