Application by Peerless Holdings Pty Ltd Trading AS Peerless
Citation: [2026] FWCA 2341
What happened
Peerless Holdings Pty Ltd, operating as Peerless, sought approval for the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2025. The United Workers Union (UWU) supported the agreement and intends to be covered by it. The agreement is a single enterprise agreement for employees in the food, beverages, and tobacco manufacturing industry. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2025 on 27 August 2026. The Commission found the requirements of sections 186, 187, and 188 of the Fair Work Act were met. While some provisions may be inconsistent with the National Employment Standards (NES), the more beneficial NES entitlements will prevail. The UWU supports the agreement and will be covered by it.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with sections 186, 187, and 188 of the Fair Work Act. They should also consider potential inconsistencies with the National Employment Standards and ensure the agreement’s terms are more beneficial or equivalent to those mandated by the NES.
What it means for employees
Employees covered by the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2025 will receive the entitlements outlined in the agreement. Where the agreement conflicts with the National Employment Standards, the NES entitlements 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