Application by SAMI Bitumen Technologies Pty Ltd
Citation: [2026] FWCA 2059
What happened
SAMI Bitumen Technologies Pty Ltd (the Employer) sought approval for the SAMI Manufacturing Enterprise Agreement 2026. The Fair Work Commission considered whether the agreement complied with the Fair Work Act 2009. An initial application had a signature page that did not fully comply with regulations, but an amended version was later filed. The Employer provided undertakings which were reviewed by the Commission.
What was decided
The Fair Work Commission approved the SAMI Manufacturing Enterprise Agreement 2026. It waived an irregularity in the initial application's form. The Commission accepted undertakings from the Employer and made them a term of the agreement. Where clauses conflicted with the National Employment Standards, the more beneficial NES entitlements will apply. A delegates’ rights term was missing so a clause from the Oil Refining and Manufacturing Award 2020 was adopted.
What it means for employers
Employers seeking to implement enterprise agreements must ensure all application requirements are met. If there is an issue with the initial submission, providing an amended version can resolve it. Employers should also be aware of potential inconsistencies between enterprise agreements and National Employment Standards, and how those will be resolved.
What it means for employees
Employees covered by this agreement benefit from the approved terms. Where the agreement conflicts with National Employment Standards, employees receive the more beneficial entitlements under the NES. A clause relating to delegates’ rights has been incorporated from an award.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca2059.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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