ALE Heavylift (Australia) Pty Ltd Summary

[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

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.

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.

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.

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.

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

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ALE Heavylift (Australia) Pty Ltd, an employer, and its employees represented by the Maritime Union of Australia. The central issue was the application for approval of the Enterprise Agreement between the employer and the union, which aimed to regulate various employment terms and conditions for the period 2025. The case was heard in the Fair Work Commission, an Australian tribunal established to resolve workplace disputes and ensure fair work practices.

The legal issues the court had to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it was made in good faith, provided for proper procedures for the resolution of workplace disputes, and ensured fair terms and conditions of employment. Additionally, the court needed to examine if the agreement adequately covered essential matters such as pay rates, working hours, leave entitlements, and any other terms that were necessary for the effective operation of the enterprise.

The Fair Work Commission assessed the application, reviewing the content of the Enterprise Agreement to ensure it complied with the statutory provisions. The Commission found that the agreement was made in good faith and provided adequate mechanisms for resolving workplace disputes. The terms and conditions of employment were deemed fair and reasonable, considering the needs of both the employer and employees. Consequently, the Commission approved the Enterprise Agreement, finding it met the legislative criteria and would promote harmonious workplace relations.

The final order of the Commission was to approve the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2025, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both parties and can be enforced through the Fair Work Commission.

ALE Heavylift (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established