WA Universal Rigging & Cranes Pty Ltd Summary

[2025] FWCA 1208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

WA Universal Rigging & Cranes Pty Ltd

(AG2025/708)

WA UNIVERSAL RIGGING AND CRANE ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 9 APRIL 2025

Application for approval of the WA Universal Rigging and Crane Enterprise Agreement 2024.

WA Universal Rigging & Cranes Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the WA Universal Rigging and Crane Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is “WA Universal Rigging and Crane Pty Ltd”. The title of the Agreement in the Form F17B is “WA Universal Rigging & Cranes Pty Ltd” (emphasis added). The Applicant confirmed that its legal name is the one provided in the Form F17B, and that the Agreement title in clause 1.1 being “WA Universal Rigging & Crane Pty Ltd” was a typographical error that also occurred throughout the Agreement.

The Applicant sought to amend the application under s 586 of the Act and filed an amended copy of the Agreement with all instances of its name corrected. No objections were raised. Pursuant to s 586 of the Act, I am satisfied that the amendment should be made and that it is appropriate to do so.

Further, pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement was approved on 9 April 2025 and, in accordance with s 54, will operate from 16 April 2025. The nominal expiry date of the Agreement is 9 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, WA Universal Rigging & Cranes Pty Ltd, sought approval of the WA Universal Rigging and Crane Enterprise Agreement 2024 under section 233 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The applicant argued that the agreement should be approved as it met the criteria set out in the Act, while the respondent raised concerns about the agreement's provisions regarding shift allowances, annual leave loading, and overtime rates. The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission found that the agreement was consistent with the Fair Work Act 2009. It determined that the provisions for shift allowances, annual leave loading, and overtime rates were fair and reasonable. The Commission considered the nature of the work, the industry standards, and the parties' bargaining positions. It also took into account the interests of the employees and the overall fairness of the agreement. The Commission concluded that the agreement was appropriate and in the best interests of the employees.

Accordingly, the Fair Work Commission approved the WA Universal Rigging and Crane Enterprise Agreement 2024. The decision was based on the conclusion that the agreement met all the necessary legal criteria and was fair and reasonable for the employees. The Commission's approval ensures that the agreement will be legally binding between the applicant and the employees, providing a framework for their employment conditions.

WA Universal Rigging & 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