Dewar Rigging Pty Ltd

[2025] FWCA 2298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dewar Rigging Pty Ltd

(AG2025/2045)

DEWAR RIGGING ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 14 JULY 2025

Application for approval of the Dewar Rigging Enterprise Agreement 2025

Dewar Rigging Pty Ltd has applied for approval of an enterprise agreement known as the Dewar Rigging Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The following terms of the Building and Construction General On-site Award 2020 are attached and taken to be terms of the Agreement:
(1)       clause 5 – Individual flexibility arrangements;
(2)       clause 6 – Requests for flexible work arrangements; and
(3)       clause 36A – Workplace delegates’ rights.

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 21 July 2025. The nominal expiry date of the Agreement is 14 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dewar Rigging Pty Ltd sought approval for the Dewar Rigging Enterprise Agreement 2025. The application was brought about as part of the formal process for enterprise agreements under the Fair Work Act 2009. The applicant, a company involved in the rigging and lifting industry, proposed this agreement to regulate the terms and conditions of employment for its employees.

The primary legal issue before the Commission was whether the proposed agreement met all the statutory requirements for approval. This included examining whether the agreement provided for minimum terms and conditions, if it was free from prohibited content, and if it was made in good faith and without coercion. Additionally, the Commission had to consider if the agreement was in the best interests of the employees covered by it.

The Commission carefully reviewed the provisions of the proposed agreement, ensuring compliance with the legislative framework. It confirmed that the agreement did not include any terms that would be considered prohibited content, such as those that undermine the right to protected industrial action. The Commission also assessed that the agreement was made in good faith and without any undue influence or coercion. After thorough examination, the Commission concluded that the proposed agreement provided fair and reasonable terms for the employees and was in their best interests.

Accordingly, the Commission approved the Dewar Rigging Enterprise Agreement 2025, thereby enabling it to take effect as a registered agreement from the date of approval. This decision legally binds the parties and sets out the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established