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.
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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 →