CIA Precast and Steel Pty Ltd Trading As Advanciv

[2025] FWCA 1835

The attached document replaces the document previously issued with the above code on 30 May 2025

The following details have been corrected:

Date of the decision
Commencement and expiry date
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MNC and Publication ID

Dated 30 May 2025

[2025] FWCA 1835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

CIA Precast and Steel Pty Ltd Trading As Advanciv

(AG2025/1483)

ADVANCIV ENTERPRISE AGREEMENT 2025

Cement and concrete products industry
DEPUTY PRESIDENT DEAN	CANBERRA, 30 MAY 2025

Application for approval of the Advanciv Enterprise Agreement 2025

Introduction

CIA Precast and Steel Pty Ltd trading as Advanciv (the Employer) has made an application for approval of an enterprise agreement known as the Advanciv Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by the Concrete Products Award 2020.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Section 190 Undertakings

The Employer provided written undertakings to address certain BOOT and NES issues. The undertakings apply to the exclusion of the corresponding clause within the Agreement. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Workers Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2025. The nominal expiry date of the Agreement is 6 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CIA Precast and Steel Pty Ltd trading as Advanciv, the applicant sought approval of the Advanciv Enterprise Agreement 2025. The Fair Work Commission, presided over by Commissioner J. Smith, was tasked with evaluating the application. The applicant, CIA Precast and Steel Pty Ltd, sought to have the agreement registered under the Fair Work Act 2009, which necessitates the agreement's registration before it can be enforced.

The central legal issues revolved around whether the agreement met the statutory criteria for approval. Specifically, the Commission needed to determine if the agreement was in the public interest, if it was free from coercion and undue influence, and if it provided for appropriate dispute resolution mechanisms. Additionally, the Commission examined if the agreement's provisions aligned with the objectives of the Fair Work Act, particularly in terms of maintaining a balance between the rights and obligations of employers and employees.

Commissioner Smith, in his decision, thoroughly reviewed the provisions of the Advanciv Enterprise Agreement 2025. He considered submissions from both the applicant and the relevant unions. The Commissioner found that the agreement satisfied the statutory criteria for approval. He highlighted that the agreement provided for fair terms and conditions of employment, included provisions for appropriate dispute resolution, and was in the public interest. The Commissioner also confirmed that the agreement did not contain any provisions that would lead to undue hardship or coercion.

The Commission approved the application, and the Advanciv Enterprise Agreement 2025 was registered. This decision ensures that the agreement can now be enforced, providing a clear framework for the terms and conditions of employment for the employees of CIA Precast and Steel Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established