Precast Civil Industries Pty Ltd T/A Civilmart

[2022] FWCA 3067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precast Civil Industries Pty Ltd T/A Civilmart

(AG2022/3555)

Civilmart Burnside Road Production Facility Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 5 SEPTEMBER 2022

Application for approval of the Civilmart Burnside Road Production Facility Enterprise Agreement 2022

Precast Civil Industries Pty Ltd T/A Civilmart (the Employer) has applied for approval of an enterprise agreement known as the Civilmart Burnside Road Production Facility Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Fair Work Commission (the Commission). I am satisfied that each of the requirements of ss.186, 187 and 188 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precast Civil Industries Pty Ltd, trading as Civilmart, applied for approval of the Civilmart Burnside Road Production Facility Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement was in compliance with the Fair Work Act 2009 and whether it met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. The legal issues the court was required to decide included whether the agreement provided for fair and reasonable terms and conditions, whether it allowed for appropriate industrial action provisions, and if it met the necessary criteria for registration under the relevant legislation. The court also needed to consider the submissions from both parties and any relevant industry benchmarks or standards.

The Fair Work Commission found that the proposed enterprise agreement provided for fair and reasonable terms and conditions, taking into account the unique nature of the industry and the specific requirements of the Burnside Road Production Facility. The Commission determined that the agreement's provisions for industrial action were appropriate and did not unduly restrict the rights of employees or employers. Furthermore, the agreement met all necessary criteria for registration under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission also noted the submissions from both parties and found that the agreement was consistent with industry benchmarks and standards.

In conclusion, the Fair Work Commission approved the Civilmart Burnside Road Production Facility Enterprise Agreement 2022, finding it to be fair, reasonable, and in compliance with the relevant legislation. The Commission's decision was based on a thorough examination of the agreement's terms and conditions, industrial action provisions, and compliance with industry standards. The final orders of the Commission included the registration of the enterprise agreement under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, 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