Application by Online Concrete Cutting Services
Citation: [2026] FWCA 2213
At a glance
- Awards cited
- MA000043
What happened
Online Concrete Cutting Services Pty Ltd sought approval for its Enterprise Agreement 2026. The Fair Work Commission considered the agreement's compliance with the Fair Work Act 2009. A key issue was the absence of a delegates’ rights term, as required by section 205A of the Act. The Commission also reviewed written undertakings provided by the employer.
What was decided
The Fair Work Commission approved the Online Concrete Cutting Services Pty Ltd Enterprise Agreement 2026. The agreement will operate from August 24, 2026, and expire on August 16, 2030. Because the agreement lacked a delegates’ rights term, the relevant term from the Building and Construction General On-Site Award 2020 was applied. The Commission accepted undertakings from the employer, which are now part of the agreement.
What it means for employers
Employers creating enterprise agreements must ensure they include a delegates’ rights term, or understand that the relevant term from a relevant award will be applied. Providing written undertakings can address concerns and facilitate approval, but these must not negatively impact employees or substantially alter the agreement’s terms.
What it means for employees
Employees should be aware of their workplace delegate’s rights as outlined in the Enterprise Agreement 2026. If an enterprise agreement is missing a delegates’ rights term, the terms of the relevant award will apply.
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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