Surf City Cranes Pty Ltd Summary

[2025] FWCA 3383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Surf City Cranes Pty Ltd

(AG2025/3249)

SURF CITY CRANES PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 OCTOBER 2025

Application for approval of the Surf City Cranes Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Surf City Cranes 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 Surf City Cranes 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 ss.186, 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 4 of the Agreement, 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

Surf City Cranes Pty Ltd brought an application before the Fair Work Commission to approve an Enterprise Agreement made with its employees. The agreement, set for 2025, covered various terms and conditions of employment, including wages, working hours, and other workplace practices. The employees, represented by a union, contested certain provisions of the agreement, arguing they did not comply with statutory requirements and were unfair.

The primary legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was made in good faith, covered the appropriate bargaining unit, and included fair terms and conditions. Additionally, the court needed to assess whether the agreement unfairly discriminated against any employees or failed to address specific statutory entitlements.

The Fair Work Commission found that the agreement largely met the statutory requirements for approval. The Commission noted that the agreement was made in good faith, with all parties participating genuinely in the negotiations. The agreement covered all employees within the appropriate bargaining unit and included terms and conditions that were fair and reasonable. While some minor issues were identified, the Commission ruled that these did not significantly detract from the overall fairness and compliance of the agreement. Therefore, the Commission approved the Enterprise Agreement.

In summary, the Fair Work Commission approved the Surf City Cranes Pty Ltd Enterprise Agreement 2025, finding it to be compliant with the statutory requirements under the Fair Work Act 2009. The Commission’s decision provided clarity for both the employer and employees regarding the terms and conditions of their employment moving forward.

Surf City Cranes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established