Application by North East Region Water Corporation
Citation: [2026] FWCA 2077
What happened
North East Region Water Corporation sought approval for the North East Water Enterprise Agreement 2025 under the Fair Work Act. The agreement is a single enterprise agreement covering employees. Two unions, APESMA and ASU, indicated they wished to be covered by the agreement. Several clauses were identified as potentially inconsistent with the National Employment Standards (NES), including those relating to casual pay rates, unpaid leave, caring responsibilities, and monies owing.
What was decided
The Fair Work Commission approved the North East Water Enterprise Agreement 2025. The Commissioner noted potential inconsistencies between certain clauses in the agreement and the NES but was satisfied that the more beneficial entitlements of the NES would prevail due to undertakings provided by the employer. The agreement will operate from August 11, 2026, and expire on August 31, 2029. It covers employees represented by APESMA and ASU.
What it means for employers
Employers should carefully review enterprise agreements to ensure they align with the National Employment Standards (NES). Providing undertakings can mitigate concerns about inconsistencies but must be genuinely intended and capable of being fulfilled. Agreements will be interpreted in favour of employee entitlements under the NES where conflicts arise.
What it means for employees
Employees covered by the North East Water Enterprise Agreement 2025 should be aware that the National Employment Standards (NES) will apply if there are inconsistencies between the agreement and their entitlements. The agreement covers employees represented by APESMA and ASU.
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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 →