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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1988.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →