Australia Wide Civil And Construction Pl Trading AS Australia Wide Civil Construction Summary

[2025] FWCA 2274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australia Wide Civil And Construction Pl Trading AS Australia Wide Civil Construction

(AG2025/2135)

AUS WIDE EMPLOYEES COLLECTIVE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 10 JULY 2025

Application for approval of the Aus Wide Employees Collective Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Aus Wide Employees Collective Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australia Wide Civil and Construction Pl T/A Australia Wide Civil Construction (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 17 July 2025. The nominal expiry date of the Agreement is 10 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australia Wide Civil And Construction Pl Trading AS Australia Wide Civil Construction, applied to the Fair Work Commission for the approval of the Aus Wide Employees Collective Agreement 2025. The respondents, the Australian Manufacturing Workers' Union and the Building and Construction General Employees' and Builders Labourers' Union, contested the application, arguing that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the provisions of the Act, particularly focusing on the coverage of the agreement, the consultation process, and the fairness of the terms and conditions.

The legal issues the court had to address included whether the agreement was made with sufficient consultation, whether it covered the appropriate bargaining unit, and whether the terms and conditions were fair and reasonable. Additionally, the court considered whether the agreement met the requirements for being made in good faith and whether it complied with the provisions concerning minimum terms and conditions. The primary focus was on ensuring that the agreement was not only procedurally correct but also substantively fair to the employees it covered.

In reaching its decision, the Fair Work Commission examined the evidence provided by both parties, including the consultation records and the terms of the agreement. The Commission found that the applicant had engaged in a genuine consultation process with the relevant unions and that the agreement covered the appropriate bargaining unit. The court also considered the fairness of the terms and conditions, finding that they met the minimum standards set out in the Fair Work Act. The Commission concluded that the agreement complied with all necessary legal requirements and was therefore approved. The decision highlighted the importance of proper consultation and the need for agreements to meet both procedural and substantive fairness standards.

The final orders of the Fair Work Commission were that the Aus Wide Employees Collective Agreement 2025 be approved, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that it be circulated to all relevant employees. This decision reinforced the principles of good faith bargaining and the importance of fair and reasonable terms in collective agreements.

Australia Wide Civil And Construction Pl Trading AS Australia Wide Civil Construction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established