Application by Blue Star Pacific Pty Ltd
Citation: [2026] FWCA 2399
What happened
Blue Star Pacific Pty Ltd, a company operating in Tasmania, applied for approval of its Enterprise Agreement 2025-2028. The agreement is a single enterprise agreement covering some, but not all, of the company’s employees. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative, requested the agreement cover them. The application was lodged outside the statutory 14-day timeframe.
What was decided
The Fair Work Commission approved the Blue Star Pacific Pty Ltd (Tasmania Division) Enterprise Agreement 2025-2028. The Commission extended the time for lodging the application. It noted potential inconsistencies with the National Employment Standards (NES) but ensured the more beneficial NES entitlements would prevail. The agreement will operate from September 8, 2026, and expire on July 1, 2028. The company provided undertakings which the Commission considered and incorporated into the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must lodge applications promptly, within 14 days where possible. If a delay is unavoidable, be prepared to justify the delay to the Fair Work Commission. Ensure the agreement’s terms are consistent with, or provide for the more beneficial of, the National Employment Standards.
What it means for employees
Employees should be aware of their enterprise agreement’s terms and conditions. If there are inconsistencies between the agreement and the National Employment Standards, the more beneficial NES entitlements will apply. The union representing employees has ensured the agreement covers them.
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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