Application by Fleurieu Cranes Pty Ltd
Citation: [2026] FWCA 1988
What happened
Fleurieu Cranes Pty Ltd applied to have a single-enterprise agreement, titled ‘Fleurieu Cranes Pty Ltd / CFMEU South Australia Mobile Crane Enterprise Agreement 2026’, approved by the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) also wanted the agreement to cover them. A minor discrepancy existed between the title on the Notice of Employee Representational Rights and the actual agreement’s title.
What was decided
The Fair Work Commission approved the enterprise agreement. the Commissioner found that despite a slight difference in titles, employees were not disadvantaged and the agreement was genuinely agreed to. The Commission disregarded the technical error under s.188(5) of the Fair Work Act 2009. A clause regarding compassionate leave was noted as potentially less beneficial than the National Employment Standards (NES), but any inconsistency would be resolved in favour of the NES. The agreement will operate from August 3, 2026, and expire on June 30, 2028.
What it means for employers
Employers should ensure consistency between notices provided to employees regarding enterprise agreements and the actual terms of the agreement. Any discrepancies must not disadvantage employees. Where an enterprise agreement is less beneficial than the National Employment Standards, the NES will prevail.
What it means for employees
Employees covered by this agreement benefit from its terms, with any inconsistencies resolved in their favour under the National Employment Standards. The agreement covers members of the CFMEU.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections