Baden Civil Contracting Pty Ltd

[2025] FWCA 3295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Baden Civil Contracting Pty Ltd

(AG2025/2761)

BADEN CIVIL CONTRACTING PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 30 SEPTEMBER 2025

Application for approval of the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baden Civil Contracting Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Baden Civil Contracting Pty Ltd for the approval of the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2025. The agreement was submitted to the Commission as part of the simplified authorisation process. The Commission was required to determine whether the application met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the application for the enterprise agreement satisfied the requirements under the Fair Work Act, including whether the agreement was made in good faith and was likely to achieve a fair outcome for all parties involved. This involved examining the process by which the agreement was negotiated, the provisions within the agreement, and whether it provided for fair and reasonable terms for employees and employers.

In considering the application, the Commission noted that the agreement was the result of negotiations between the employer and the relevant union, and that it contained provisions that were consistent with the objectives of the Fair Work Act. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms for both parties. The Commission was satisfied that the agreement met the necessary criteria for approval, including that it did not adversely affect employees' rights to free collective bargaining and did not undermine the safety and health of employees.

The Fair Work Commission approved the application for the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2025, determining that it met the statutory requirements under the Fair Work Act. The Commission's decision confirmed the agreement as a valid enterprise agreement, effective from the date of approval. This decision ensures that the terms of the agreement will be binding on all parties involved, facilitating a stable and fair working environment within the civil construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established