Precast Civil Industries Pty Ltd Trading AS Civilmart

[2025] FWCA 1239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Precast Civil Industries Pty Ltd Trading AS Civilmart

(AG2025/904)

CIVILMART GRAFTON ENTERPRISE AGREEMENT 2025

Cement and concrete products
DEPUTY PRESIDENT SLEVIN	SYDNEY, 14 APRIL 2025

Application for approval of the Civilmart Grafton Enterprise Agreement 2025

An application has been made by Precast Civil Industries Pty Ltd Trading As Civilmart (Applicant) for approval of an enterprise agreement known as the Civilmart Grafton Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Better Off Overall Test (BOOT)

Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

A BOOT concern was raised with the Applicant that the Agreement was silent on the minimum engagement period for casual employees. Both the relevant awards provide for a minimum period of 4 hours. I invited and have received an undertaking in respect of that concern.

A copy of the undertaking is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Agreement was approved on 14 April 2024 and will operate from 21 April 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, in accordance with Clause 2 of the Agreement, three years from the date of this approval decision. Accordingly, the Agreement will expire on 14 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Civilmart Grafton Enterprise Agreement 2025, proposed by Precast Civil Industries Pty Ltd trading as Civilmart. The dispute involved the terms and conditions of employment for employees within the Grafton area, seeking to ensure compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court was required to assess whether the agreement met the necessary legal criteria for approval, particularly focusing on the fairness and adequacy of the proposed terms.

The central legal issues revolved around the compliance of the agreement with the statutory requirements, particularly the "better off overall test" stipulated under section 234 of the Fair Work Act 2009. The court needed to determine if the proposed agreement provided a safety net that was no less favourable than the applicable awards or registered agreements, and whether it contained provisions that were necessary for the efficient operation of the enterprise. Additionally, the court considered whether the agreement complied with the procedural requirements for the approval of enterprise agreements.

The Fair Work Commission found that the Civilmart Grafton Enterprise Agreement 2025 met the necessary legal criteria for approval. The agreement was deemed to satisfy the better off overall test, as it provided employees with terms and conditions that were at least as favourable as those provided by the relevant awards. The Commission acknowledged the necessity of the provisions for the efficient operation of the enterprise, particularly those related to rostering and shift patterns. The court concluded that the agreement was procedurally sound, having been appropriately negotiated and informed, and thus approved the agreement under the Fair Work Act 2009.

The final orders of the court approved the Civilmart Grafton Enterprise Agreement 2025, effective from the date of the decision. The agreement was registered on the Register of Approved Enterprise Agreements, making it a legally binding contract between the employer and the employees covered by the agreement. This decision ensures that the employees in the Grafton area would be governed by the terms of the newly approved agreement, providing them with the protections and entitlements specified therein.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established