A1 Crane Hire Pty Ltd Summary

[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

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

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.

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

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

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.

The undertakings relate to:

a.Ordinary hours of work
b.Saturday rates of pay.

Interaction with the National Employment Standards

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

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.

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]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by A1 Crane Hire Pty Ltd for the approval of the A1 Crane Hire Enterprise Agreement 2025. The applicant sought the endorsement of this agreement under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The Fair Work Commission, as the relevant tribunal, was tasked with reviewing and approving the agreement as meeting the criteria for modern awards and the national minimum standards of employment. This case arose from the need for the enterprise agreement to be formally endorsed to ensure compliance with labour laws and to provide a clear framework for the employment relationship between A1 Crane Hire Pty Ltd and its employees.

The primary legal issue before the court was whether the A1 Crane Hire Enterprise Agreement 2025 complied with the requirements set forth in the Fair Work Act 2009. This included assessing whether the agreement met the criteria for a modern award, was consistent with the national minimum standards of employment, and whether it had been fairly negotiated and made in good faith. Additionally, the court needed to determine if the agreement included all the essential terms as required by the Act, and whether it provided for the proper protection of employees' rights and entitlements.

The Fair Work Commission, in its review, examined the contents of the agreement, the negotiation process, and the evidence provided by the parties. The Commission found that the agreement was consistent with the national minimum standards and included all the necessary essential terms. It was also satisfied that the agreement had been fairly negotiated and made in good faith. Consequently, the Commission approved the A1 Crane Hire Enterprise Agreement 2025, recognising it as meeting the legislative requirements for endorsement.

The Fair Work Commission approved the A1 Crane Hire Enterprise Agreement 2025, effective from the date of the decision. This approval formalised the agreement as a legally binding document governing the terms and conditions of employment for the relevant employees. The decision ensured that the agreement complied with the Fair Work Act 2009 and provided a clear framework for the employer and employees moving forward. The approval of the agreement was a critical step in maintaining the balance between the rights and obligations of both parties within the Australian employment landscape.

A1 Crane Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established