A1 Crane Hire Pty Ltd

[2025] FWCA 3329

[2025] FWCA 3329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

A1 Crane Hire Pty Ltd

(AG2025/3202)

A1 CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 6 OCTOBER 2025

Application for approval of the A1 Crane Hire Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as A1 Crane Hire Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A1 Crane Hire Pty Ltd (A1 Crane). The Agreement is a single enterprise agreement.

Part time employment

1. Several issues were raised with A1 Crane in relation to the application. One related to how the Commission can be satisfied that part time employees, in relation to whom the Agreement is specified to operate, are better off if covered by the Agreement than they would be if covered by the relevant modern Award – the Mobile Crane Hiring Award 2020 – when that Award does not provide for part-time employment.

1. In relation to this particular issue, I note that a Full Bench of the Commission has previously commented that in these circumstances, the Commission should have regard to how a part-time employee engaged under the relevant Agreement would compare in overall financial terms to a casual employee engaged for the same number of hours under the Award[1]. I have adopted this approach in relation to this Application and I am satisfied the Agreement satisfies the “BOOT” test in this particular regard.

Workplace delegates rights

1. The Agreement’s workplace delegates rights term simply refers to the applicability of workplace delegates rights in accordance with the Act and appears to call up an Award clause if one applies. Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Mobile Crane Hiring Award 2020 – clause 29A - is taken to be a term of the Agreement. 

Undertakings

1. In response to several issues raised with A1 Crane in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. In response to several issues raised with A1 Crane Hire Pty Ltd in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. 

1. The undertakings relate to:  

a.Ordinary hours of work

b.Saturday rates of pay.

Interaction with the National Employment Standards

1. Clause 6 of the Agreement provides that where an inconsistency exists between the Agreement the National Employment Standards (NES) and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.37.4 - withholding monies owing to the employer

Consideration

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

ANNEXURE A

[1] AKN Pty Ltd t/a Aitkin Crane Services [2015] FWCFB 1833 [45]; see also Qube Heavy Lift Pty Ltd [2025] FWCA 3109 [27]

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