//
[6]
ANNEXURE A 
austlii:cth/FWCA/2026/579
General information, not legal advice.
FWCA
2026-03-06
Original judgment source is linked above.
The Applicant does not employ continuous shiftworkers as defined by the Award. Undertaking is not required.
[3] The Employer has provided written undertakings dated 2 March 2026. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Award) and that the undertakings will not result in substantial changes to the Agreement.
The United Workers' Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2026. The nominal expiry date of the Agreement is 1 October 2028.
Printed by authority of the Commonwealth Government Printer
ANNEXURE A