Application by Fusco Constructions Pty Ltd Trading AS Fusco Constructions
Citation: [2026] FWCA 2171
What happened
Fusco Constructions Pty Ltd applied to have the 'Fusco Enterprise Agreement 2026' approved. The agreement is a single enterprise agreement for employees in the plumbing industry. Initially, the submitted agreement lacked a correctly signed page, but an amended version was later provided. The company also gave written undertakings regarding employee entitlements.
What was decided
The Fair Work Commission approved the Fusco Enterprise Agreement 2026. the Commissioner allowed the amendment to the signature page and considered the written undertakings from the applicant. The agreement will operate from August 19, 2026, until August 12, 2030. Any inconsistencies between the agreement and the National Employment Standards (NES) will be resolved in favour of the NES.
What it means for employers
Employers should ensure enterprise agreements have correctly signed signature pages when submitted for approval. They must also consider how their agreements interact with the National Employment Standards, ensuring they don’t create less favourable conditions for employees than those mandated by law.
What it means for employees
Employees covered by the Fusco Enterprise Agreement 2026 should be aware that the NES will apply if there are any inconsistencies between the agreement and their entitlements. This means the more beneficial terms always prevail.
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/2026fwca2171.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. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 →