Fineform Concrete Pty Ltd

[2025] FWCA 2211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Fineform Concrete Pty Ltd

(AG2025/1917)

FINEFORM CONCRETE PTY LTD ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER LIM	PERTH, 4 JULY 2025

Application for approval of the Fineform Concrete Pty Ltd Enterprise Agreement 2025.

Fineform Concrete Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Fineform Concrete Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

(a)Clause 8.4 states, ‘If an Employee who is at least 18 years old does not give the period of notice required, the Employer may deduct from wages due to the Employee an amount that is no more than one (1) week’s wages for the Employee’. This clause may impact the employee’s entitlement to receive NES provisions such as accrued annual leave.

However, I am satisfied that under clause 5.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 4 July 2025 and, in accordance with s 54, will operate from 11 July 2025. The nominal expiry date of the Agreement is 4 July 2029.

COMMISSIONER

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CaseChat Overview and Summary

Fineform Concrete Pty Ltd recently faced a court application regarding the approval of its 2025 Enterprise Agreement. The Fair Work Commission was the forum for this dispute, with the company and its employees as the primary parties involved. The crux of the matter was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included the agreement's compliance with the Act's requirements, its fairness, and its impact on the employees' working conditions.

The Commission meticulously examined the provisions of the proposed agreement, assessing whether it adhered to the statutory requirements and whether it was fair and reasonable. Key considerations included the agreement's coverage of essential terms, its alignment with the principles of enterprise bargaining, and its effect on the employees' wages and conditions. The Commission also weighed the views and submissions from both the employer and the employees' representatives.

After thorough deliberation, the Commission determined that the proposed agreement was compliant with the Act and was fair and reasonable. The Commission approved the agreement, noting the parties' cooperative approach and the comprehensive nature of the agreement's provisions. The decision underscored the importance of balancing the interests of both employers and employees in enterprise bargaining. The final orders of the Commission mandated the registration and enforcement of the Fineform Concrete Pty Ltd Enterprise Agreement 2025, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established