Precast Civil Industries Pty Ltd T/A Civilmart

Case [2024] FWCA 3184
[2024] FWCA 3184

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Precast Civil Industries Pty Ltd T/A Civilmart

(AG2024/2881)

THE CIVILMART WARNERVALE ENTERPRISE AGREEMENT 2024

Cement and concrete products

DEPUTY PRESIDENT SLEVIN

SYDNEY, 5 SEPTEMBER 2024

Application for approval of the Civilmart Warnervale Enterprise Agreement 2024

  1. The decision issued by the Fair Work Commission on 4 September 2024, 2024 FWCA 3184 , AE525992 is corrected as follows:

  1. The Agreement was approved on 4 September 2024 and, in accordance with s.54, will operate from 11 September 2024. The nominal expiry date of the Agreement at clause 4.2 is 16 July 2027

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE525992 PR778999>

Details
AGLC
Precast Civil Industries Pty Ltd T/A Civilmart [2024] FWCA 3184
Case
[2024] FWCA 3184
Decision Date

CaseChat Overview and Summary

In the matter of Precast Civil Industries Pty Ltd, trading as Civilmart, the Fair Work Commission was presented with an application for the approval of a single-enterprise agreement. The dispute centred around the proposed Civilmart Warnervale Enterprise Agreement 2024, which pertains to the cement and concrete products industry. The Deputy President, Slevin, presided over the matter in Sydney on 5 September 2024.

The central legal issue before the court was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved an examination of whether the agreement was made in good faith and whether it complied with the prescribed processes and provisions of the Act. The court had to ensure that the agreement was fair and reasonable and did not undermine the rights of employees.

The Deputy President found that the proposed agreement was compliant with the necessary legislative requirements. The agreement was deemed to have been made in good faith and was found to be fair and reasonable. The court also confirmed that the agreement would operate from 11 September 2024 and would expire on 16 July 2027, in accordance with the terms stipulated in clause 4.2 of the agreement. Consequently, the agreement was approved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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