Application by Ccd Electrical Pty Ltd Trading AS Ccd Electrical
Citation: [2026] FWCA 2334
What happened
CCD Electrical Pty Ltd (the Employer) applied to have its 'CCD Electrical Pty Ltd & Employee Enterprise Agreement 2026' approved. The agreement is a single enterprise agreement for the electrical contracting industry. The Employer provided written undertakings, which the Commission was satisfied would not cause financial detriment to employees or result in substantial changes to the agreement. The agreement was examined for consistency with the National Employment Standards (NES).
What was decided
The Fair Work Commission approved the CCD Electrical Pty Ltd & Employee Enterprise Agreement 2026, effective from 2 September 2026, and expiring on 26 August 2030. The Commission noted several clauses that were inconsistent with the National Employment Standards (NES), including those related to personal leave, compassionate leave, termination, deductions, and safety equipment. However, the Commission stated that the more beneficial entitlements of the NES would prevail where there was an inconsistency. The undertakings provided by the Employer were taken to be a term of the agreement.
What it means for employers
Employers drafting enterprise agreements must ensure they are consistent with the National Employment Standards. Clauses that appear to contradict NES provisions, even if intended to be more restrictive, will be overridden. Employers should carefully review all clauses to avoid unintended consequences and ensure compliance with the Fair Work Act.
What it means for employees
Employees covered by the agreement benefit from the more generous entitlements provided by the National Employment Standards where the enterprise agreement is inconsistent. Employees should be aware of their rights under the NES and seek advice if they believe their entitlements are not being met.
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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