Application by Melbourne Legacy
Citation: [2026] FWCA 2383
What happened
Melbourne Legacy, an employer in the social, community, home care and disability services sector, sought approval for the Melbourne Legacy Enterprise Agreement 2026. The application was made under section 185 of the Fair Work Act 2009. The employer provided written undertakings which were attached to the agreement. The agreement is a single enterprise agreement.
What was decided
The Fair Work Commission approved the Melbourne Legacy Enterprise Agreement 2026. The Commission was satisfied the agreement met the requirements of sections 186, 187, 188 and 190 of the Fair Work Act. The agreement will operate from September 7, 2026, and expire on September 7, 2030. The Commission noted a potential inconsistency with the National Employment Standards, specifically clause 5.1(c) regarding annual leave, but confirmed the NES entitlements would prevail. As per section 205A(2) of the FW Act, workplace delegate rights from the Social, Community, Home Care and Disability Services Industry Award are incorporated into the agreement.
What it means for employers
Employers seeking to implement enterprise agreements should ensure they address potential inconsistencies with the National Employment Standards and provide clear undertakings to employees. The Commission will assess whether these undertakings will cause financial detriment or result in substantial changes to the agreement.
What it means for employees
Employees covered by the Melbourne Legacy Enterprise Agreement 2026 should be aware of the agreement's terms and conditions, including the incorporated workplace delegate rights. Any inconsistencies with the National Employment Standards will be resolved in favour of the more beneficial NES entitlements.
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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