Application by Herrenknecht (Australia) Pty Ltd
Citation: [2026] FWCA 2178
What happened
Herrenknecht (Australia) Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2026. The agreement covers a single enterprise. The Commission's assessment considered whether the agreement met the requirements of the Fair Work Act 2009, including the 'better off overall test' (BOOT). A concern was raised regarding the payment of public holidays, but the Applicant addressed this concern.
What was decided
The Fair Work Commission approved the Herrenknecht (Australia) Pty Ltd Enterprise Agreement 2026. The Commission found that the agreement met all relevant requirements of the Fair Work Act. The agreement will be effective from August 21, 2026, and expire on August 14, 2030. As the Commissioner stated, 'Based on the material provided, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.'
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all requirements of the Fair Work Act, including the better off overall test. Be prepared to address any concerns raised by the Fair Work Commission regarding terms and conditions, such as public holiday pay.
What it means for employees
Employees covered by the approved Enterprise Agreement 2026 will be entitled to the terms and conditions outlined in the agreement. The agreement will be in effect from August 21, 2026, until August 14, 2030.
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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