Application by Nacap Pty Ltd Trading AS Nacap
Citation: [2026] FWCA 2208
At a glance
- Awards cited
- MA000171
What happened
Nacap Pty Ltd, trading as Nacap, applied for approval of the Nacap Plant Operations Agreement 2026. The agreement covers a single enterprise and applies to employees in the building, metal and civil construction industries. Nacap provided written undertakings to the Fair Work Commission. The agreement's nominal expiry date is 14 August 2030.
What was decided
The Fair Work Commission approved the Nacap Plant Operations Agreement 2026. the Commissioner was satisfied the agreement met the requirements of the Fair Work Act 2009. The agreement will operate from 21 August 2026. Because the agreement lacked a delegates’ rights term, a clause from the Building and Construction General On-Site Award 2020 is taken to be a term of the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they include a delegates’ rights term, or be prepared for a relevant award clause to be incorporated. Providing written undertakings can help address concerns and ensure compliance with the Fair Work Act.
What it means for employees
Employees covered by the Nacap Plant Operations Agreement 2026 will benefit from the terms outlined in the agreement. The incorporation of the award clause ensures certain workplace delegate rights are maintained.
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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