Application by DPW Plant Hire Pty Ltd Trading AS DPW Plant Hire
Citation: [2026] FWCA 2020
At a glance
- Employees affected
- 31
- Awards cited
- MA000020, MA000064
What happened
DPW Plant Hire Pty Ltd applied to have its enterprise agreement, the DPW Plant Hire Pty Ltd Enterprise Agreement 2026 (NSW), approved. The agreement would cover employees under either the Mobile Crane Hiring Award 2020 or the Building and Construction General On-Site Award 2020. Five casual employees were initially identified as eligible to vote, but it was later confirmed seven casual employees were entitled to participate. Concerns arose regarding whether employees had sufficient time to consider and vote on the agreement, and whether certain apprentices and supported wage system employees would be better off overall compared to their relevant awards.
What was decided
The Fair Work Commission approved the DPW Plant Hire Pty Ltd Enterprise Agreement 2026 (NSW). The Commission found a procedural error occurred in notifying employees about when voting commenced, but considered it minor. It also identified issues regarding whether apprentices and supported wage system employees would be better off overall under the agreement. The employer provided undertakings to address these concerns, which were accepted as terms of the agreement. The agreement will operate from August 7, 2026, and expire on July 31, 2030.
What it means for employers
Employers seeking approval for enterprise agreements must ensure employees are given adequate time to consider and vote on the agreement. They also need to carefully assess whether all employees will be better off overall compared to relevant awards, addressing any potential disadvantages with undertakings.
What it means for employees
Employees should review enterprise agreements thoroughly before voting and understand how they compare to existing award conditions. If concerns arise about whether an agreement is genuinely beneficial, seek advice from a union or the Fair Work Commission.
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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 →