Precast Civil Industries Pty Ltd Trading AS Civilmart

Case •

[2025] FWCA 1239

•

14 APRIL 2025
[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

  1. 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)

  1. 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.  

  1. 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.   

  1. 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.  

  1. 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.   

  1. 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

<AE528655 PR786084>

ANNEXURE A

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