Ridgebay Holdings Pty Ltd Trading AS Altrad

[2025] FWCA 843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridgebay Holdings Pty Ltd Trading AS Altrad

(AG2025/512)

RIDGEBAY HOLDINGS PTY LTD OFFSHORE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 6 MARCH 2025

Application for approval of the Ridgebay Holdings Pty Ltd Offshore Enterprise Agreement 2024

Ridgebay Holdings Pty Ltd Trading AS Altrad (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise greenfields agreement known as the Ridgebay Holdings Pty Ltd Offshore Enterprise Agreement 2024 (the Agreement).

I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement. Clause 6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Union) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 March 2025. The nominal expiry date of the Agreement is 1 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

Ridgebay Holdings Pty Ltd, trading as Altrad, sought approval for the Offshore Enterprise Agreement 2024. The application was heard in the Fair Work Commission, with the dispute centering on the agreement's compliance with the Fair Work Act 2009. The primary issue before the court was whether the agreement contained appropriate terms and conditions that complied with the statutory requirements and maintained fairness for the employees involved.

The legal issues revolved around the interpretation of specific clauses within the agreement and whether they adhered to the provisions outlined in the Fair Work Act. This included assessing whether the agreement appropriately covered minimum entitlements, such as wages, hours of work, and leave provisions, as well as ensuring that the agreement did not unfairly disadvantage employees. The court also had to consider whether the agreement complied with procedural requirements, such as providing adequate notice and opportunity for consultation with the relevant employees.

The Fair Work Commission examined the Offshore Enterprise Agreement 2024 clause by clause, ensuring each provision met the statutory standards. The court found that the agreement, while generally comprehensive, contained some provisions that did not fully comply with the Act. However, these issues were deemed minor and capable of being rectified through minor amendments. The Commission concluded that, with the proposed modifications, the agreement was fair and met the necessary legal standards. Consequently, the Commission approved the agreement, subject to the specified amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established