Application for approval of the KB Seafood Company Pty Ltd Enterprise Agreement 2026

[1] KB Seafood Company Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the KB Seafood Company Pty Ltd Enterprise Agreement 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

[3] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 2.5.8 of the Agreement provides that casual employees must have worked at least 12 months before being offered conversion to full or part time employment. Section 66AAB of the Act provides that an employee can request conversion after they have been employed for 6 months if the employer is not a small business, otherwise for 12 months if the employer is a small business.

• (b) Clause 4.2.3 of the Agreement appears to be silent on the ability to take compassionate leave in case of miscarriage as provided by s 104 of the Act.

• (c) Clause 4.7.1 of the Agreement provides five days unpaid family and domestic violence leave. Section106A of the Act provides 10 days of paid leave.

• (d) Clause 4.8.3 of the Agreement provides public holiday substitution by agreement with an individual Employee, or with a majority of Employees. This may be inconsistent with section 115 of the Act, which provides for substitution between the employer and individual employee only.

• (e) Clause 4.8.4 of the Agreement states that it is expected that Employees will be available to work on public holidays when requested, provided that reasonable notice is communicated of the requirement to work on a public holiday. This may be inconsistent with s 114 of the Act which provides employees are entitled to be absent on a public holiday unless the request to work is reasonable.

• (f) Clause 5.2 of the Agreement provides that the employer may make authorised deductions from any amounts payable to an employee where there is overpayment, or for the cost of replacement or repair of any property belonging to the employer that has been in the employee's possession or if the employee does not give the required amount of notice. As this is not limited to wages only this raises the issue of deductions being made from NES payments owed to the employee, such as accrued annual leave and long service leave.

• (g) Clause 5.3 of the Agreement provides an abandonment clause. This clause does not specifically provide that employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement as per s 117(3) of the Act. Section 123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by section 117 of the Act.

[5] However, I am satisfied that under clause 1.5.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement does not contain a delegates' rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates' rights terms in Clause 26A of the Seafood Processing Award 2020, Clause 29A of the Storage Services and Wholesale Award 2020 and Clause 29A of the Road Transport and Distribution Award 2020 are taken to be terms of the Agreement.

[7] The Agreement was approved on 14 April 2026 and, in accordance with s 54, will operate from 21 April 2026. The nominal expiry date of the Agreement is 14 April 2030.

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