ALE Heavylift (Australia) Pty Ltd

Case

[2025] FWCA 2178

2 JULY 2025


[2025] FWCA 2178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

ALE Heavylift (Australia) Pty Ltd

(AG2025/1869)

ALE HEAVYLIFT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2025

Road transport industry

COMMISSIONER DURHAM

BRISBANE, 2 JULY 2025

Application for approval of the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the ALE Heavylift (Australia) Pty Ltd 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 ALE Heavylift (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 3.2(b) of the Agreement and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER
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