Application by CDC Victoria Pty Ltd Trading AS CDC
Citation: [2026] FWCA 2182
What happened
CDC Victoria Pty Ltd Trading As CDC sought approval for the CDC Victoria Maintenance Services Enterprise Agreement 2026. The agreement covers a portion of the company's employees and was negotiated with the Australian Manufacturing Workers’ Union. A clause regarding personal leave was identified as potentially inconsistent with the National Employment Standards.
What was decided
The Fair Work Commission approved the CDC Victoria Maintenance Services Enterprise Agreement 2026. The Commission found the agreement was inconsistent with the National Employment Standards, but that the more beneficial entitlements of the National Employment Standards would prevail. The agreement will operate from August 20, 2026, and expire on June 30, 2030.
What it means for employers
Employers should carefully review enterprise agreements to ensure consistency with the National Employment Standards. Where inconsistencies exist, the more beneficial entitlements of the National Employment Standards will apply. Agreements must fairly choose the group of employees covered.
What it means for employees
Employees should be aware that even if an enterprise agreement has less favourable terms than the National Employment Standards, the National Employment Standards will still apply. The agreement will cover employees of the Australian Manufacturing Workers’ Union.
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/2026fwca2182.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. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
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