Application by Beas Pty Ltd Trading AS Vertigo High Access Services
Citation: [2026] FWCA 2319
At a glance
- Awards cited
- MA000111
What happened
Beas Pty Ltd, trading as Vertigo High Access Services, sought approval for its Enterprise Agreement 2026. The application was filed late, 16 July 2026, exceeding the 14-day statutory timeframe. The company explained the delay was due to staffing issues. The Applicant considered written undertakings provided by the applicant.
What was decided
The Applicant approved the Beas Pty Ltd Enterprise Agreement 2026. The Applicant extended the time for filing the application due to the circumstances and staffing issues. The agreement will operate from 3 September 2026 and expire on 27 August 2030. The Applicant noted a clause potentially inconsistent with the National Employment Standards (NES) but ensured the more beneficial NES entitlements would prevail. The Applicant also considered the 'better off overall' test.
What it means for employers
Employers should ensure timely filing of enterprise agreement applications, adhering to statutory deadlines. If delays are unavoidable, clear communication and justification are crucial. Carefully review agreements to ensure consistency with the National Employment Standards and consider potential impacts on employee entitlements.
What it means for employees
Employees covered by the agreement will benefit from the terms outlined, with the National Employment Standards providing a safety net in case of inconsistencies. The agreement’s expiry date is 27 August 2030.
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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