Precast Civil Industries Pty Ltd T/A Civilmart

[2024] FWCA 4227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precast Civil Industries Pty Ltd T/A Civilmart

(AG2024/4174)

CIVILMART WODONGA PRECAST ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the Civilmart Wodonga Precast Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Civilmart Wodonga Precast Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precast Civil Industries Pty Ltd T/A Civilmart. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union 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 organisation.

The Agreement is approved and in accordance with s.54, will operate from 6 December 2024. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precast Civil Industries Pty Ltd T/A Civilmart sought approval for the Civilmart Wodonga Precast Enterprise Agreement 2024. The Fair Work Commission (FWC) was the tribunal tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The dispute involved whether the agreement appropriately balanced the interests of both employers and employees, particularly in the context of the precast industry within Wodonga.

The legal issues before the FWC encompassed several key aspects of the agreement. These included whether the agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it contained appropriate mechanisms for dispute resolution and protection of employee rights. The court also needed to consider if the agreement complied with the provisions of the Fair Work Act, specifically sections related to the authorisation and approval of enterprise agreements.

The FWC concluded that the agreement met the necessary requirements for approval. The commission found that the agreement was genuinely negotiated and represented the interests of both employers and employees. The agreement included provisions for dispute resolution and adequately protected employee rights, in line with the legislative framework. The FWC took into account the specific conditions of the precast industry in Wodonga and determined that the agreement appropriately addressed these conditions while maintaining a balance between the parties' interests.

The FWC approved the Civilmart Wodonga Precast Enterprise Agreement 2024, effective from the date of the decision. This approval ensures that the agreement will be legally binding on the parties involved, providing a framework for industrial relations within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established