Application by Egis Operations Australia Pty Ltd
Citation: [2026] FWCA 2179
At a glance
- Awards cited
- MA000047
What happened
Egis Operations Australia Pty Ltd, formerly Fulton Hogan Egis O&M Pty Ltd, sought approval for the FHE Enterprise Agreement 2026 – Maintenance Crew (Civil Workers). The agreement covers employees in the building, metal and civil construction industries. The Fair Work Commission considered the agreement's compliance with the Fair Work Act 2009, particularly sections 185, 186, 187, 193A, 201 and 205A. Concerns were raised regarding clauses related to termination notice, personal/carers leave, shift penalties, and delegate rights.
What was decided
The Fair Work Commission approved the FHE Enterprise Agreement 2026 – Maintenance Crew (Civil Workers). The Commission accepted an undertaking from Egis Operations Australia Pty Ltd to address concerns about the agreement's consistency with the National Employment Standards, definition of shift penalties, and delegate rights. Clause 36A of the Building and Construction General On-site Award 2020 is incorporated into the agreement. The agreement will operate from August 24, 2026, and expire on August 17, 2029.
What it means for employers
Employers entering into enterprise agreements must ensure clauses align with the National Employment Standards. Clearly defining terms like 'afternoon' and 'night' shifts is crucial to avoid ambiguity regarding penalty rates. Including delegate rights terms is a legal requirement.
What it means for employees
Employees covered by the agreement benefit from the terms outlined in the FHE Enterprise Agreement 2026 – Maintenance Crew (Civil Workers), including incorporated clauses from the Building and Construction General On-site Award 2020. The undertaking addresses previous concerns about termination notice, leave, and shift penalties.
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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