Precast Civil Industries Pty Ltd Trading AS Civilmart Summary

[2025] FWCA 3239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precast Civil Industries Pty Ltd Trading AS Civilmart

(AG2025/2985)

CIVILMART BURNSIDE ROAD ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 25 SEPTEMBER 2025

Application for approval of the Civilmart Burnside Road Enterprise Agreement 2025

Precast Civil Industries Pty Ltd T/A Civilmart (the Employer) has applied for approval of an enterprise agreement known as the Civilmart Burnside Road Enterprise Agreement 2025 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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

2 October 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Precast Civil Industries Pty Ltd, trading as Civilmart, applied to the Fair Work Commission for approval of the Civilmart Burnside Road Enterprise Agreement 2025. The Fair Work Commission heard the application and was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the procedural and substantive requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was genuinely negotiated, free from coercion and undue influence, and whether it provided for procedural fairness in its negotiation.

The Fair Work Commission found that the agreement was genuinely negotiated and free from any coercion or undue influence. The Commission also found that the agreement provided for procedural fairness and met all other requirements of the Fair Work Act. As such, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Civilmart Burnside Road Enterprise Agreement 2025, and the agreement is now legally binding on the parties. The Commission's decision is final and binding, and cannot be appealed except on limited grounds.

Precast Civil Industries Pty Ltd Trading AS Civilmart

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established