Application by Novotel Vines Resort Trading AS Novotel Vines Resort Swan Valley
Citation: [2026] FWCA 2021
What happened
Novotel Vines Resort Trading AS Novotel Vines Resort Swan Valley sought approval for The Vines (WA) Pty Ltd Outside Staff Enterprise Agreement 2025, covering outside staff providing gardening services. An initial application had a minor procedural flaw which was later corrected. the Applicant provided written undertakings to address potential concerns. The Australian Workers’ Union, representing employees, supported the agreement and wished to be covered by it.
What was decided
The Fair Work Commission approved The Vines (WA) Pty Ltd Outside Staff Enterprise Agreement 2025. the Commissioner waived a minor procedural irregularity in the application process. He was satisfied that the undertakings provided would not negatively impact employees or significantly alter the agreement, and no objections were raised by bargaining representatives. While some clauses appeared inconsistent with the National Employment Standards (NES), the agreement included a clause stating the NES will prevail where there is an inconsistency. The agreement operates from August 6, 2026, and expires October 1, 2028.
What it means for employers
Employers should ensure all application paperwork complies with Fair Work Regulations. When proposing enterprise agreements, consider potential inconsistencies with the National Employment Standards (NES) and include a clause ensuring NES entitlements are more beneficial than those in the agreement. Obtain and address feedback from bargaining representatives before finalising an agreement.
What it means for employees
Employees should review any proposed enterprise agreements to ensure they provide at least the same benefits as the National Employment Standards (NES). The Australian Workers’ Union is covered by this agreement, so its members will benefit from these terms. If there are concerns about clauses in an agreement, raise them with bargaining representatives.
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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 →