Application by O'Connors Integrated Electrical Pty Ltd
Citation: [2026] FWCA 2304
At a glance
- Awards cited
- MA000173
What happened
O'Connors Integrated Electrical Pty Ltd applied to the Fair Work Commission for approval of the O'Connors Electrical Enterprise Agreement 2026. The agreement is a single-enterprise agreement covering employees in the electrical contracting industry. The company provided a written undertaking regarding financial detriment to employees. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the O'Connors Electrical Enterprise Agreement 2026, effective from August 31, 2026, and expiring on August 24, 2030. The Commission incorporated a model flexibility term and a Workplace Delegates’ Rights term into the agreement. A clause regarding personal leave notice was noted as potentially inconsistent with the National Employment Standards, with the NES taking precedence. The company’s undertaking regarding shift work was also considered.
What it means for employers
Employers creating enterprise agreements must ensure they comply with all requirements of the Fair Work Act, including those relating to flexibility terms and delegate rights. They should also consider potential inconsistencies with the National Employment Standards and ensure the NES provisions prevail. Undertakings provided to the Commission become legally binding terms of the agreement.
What it means for employees
Employees covered by the O'Connors Electrical Enterprise Agreement 2026 will benefit from the incorporated flexibility and delegate rights terms. They should be aware that the National Employment Standards will apply where the agreement and the NES conflict.
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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