Application by the Applicant Trading AS Feencon Pty Ltd
Citation: [2026] FWCA 2349
At a glance
- Awards cited
- MA000813
What happened
Feencon Pty Ltd, an employer in the electrical contracting industry, applied for approval of the Feencon Pty Ltd Enterprise Agreement 2026. The agreement is a single-enterprise agreement. The employer provided written undertakings, which were deemed to be terms of the agreement. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the Feencon Pty Ltd Enterprise Agreement 2026. The agreement will operate from September 3, 2026, and expire on August 27, 2030. The Commission was satisfied that the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. Workplace delegates’ rights, as prescribed by the Building and Construction General On-site Award 2020, are also a term of the agreement. Any inconsistencies with the National Employment Standards (NES) will be resolved in favour of the NES.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with the requirements of the Fair Work Act, including the 'better off overall test'. Providing written undertakings can help address potential concerns and secure approval.
What it means for employees
Employees covered by the agreement will benefit from the terms outlined in the Feencon Pty Ltd Enterprise Agreement 2026. Where the agreement conflicts with the National Employment Standards, the NES will take precedence.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca2349.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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