Ultimate Equipment Pty Ltd

[2025] FWCA 2616

[2025] FWCA 2616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ultimate Equipment Pty Ltd

(AG2025/2508)

ULTIMATE EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 6 AUGUST 2025

Application for approval of the Ultimate Equipment Pty Ltd Enterprise Agreement 2025 - 2029

1. An application has been made for approval of an enterprise agreement known as the Ultimate Equipment Pty Ltd Enterprise Agreement 2025 - 2029 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Ultimate Equipment Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

1. The Agreement does not contain a flexibility term that meets the requirements of the FW Act. Employees were asked to vote to approve the agreement on 18 July 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the FW Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. Noting clause 3.4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 6 August 2029.

COMMISSIONER

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