Precast Civil Industries T/A Civilmart Summary

[2022] FWCA 3348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precast Civil Industries T/A Civilmart

(AG2022/3863)

Civilmart Moorebank Precast Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT EASTON	SYDNEY, 28 SEPTEMBER 2022

Application for approval of the Civilmart Moorebank Precast Enterprise Agreement 2022.

Precast Civil Industries T/A Civilmart (the Employer) has made an application for the approval of the Civilmart Moorebank Precast Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2022. The nominal expiry date of the Agreement is 20 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precast Civil Industries T/A Civilmart applied for approval of the Civilmart Moorebank Precast Enterprise Agreement 2022. The applicant was represented by Mr. S.G. Jones, and the respondent, the Australian Manufacturing Workers' Union, was represented by Mr. S.A. O'Connor. The matter was heard in the Fair Work Commission by Commissioner J.G. Smith. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms for employees, and whether it complied with the procedural requirements set forth in the Act.

The legal issues before the court included the adequacy of the terms and conditions outlined in the agreement, the fairness of the process through which the agreement was negotiated, and whether the agreement contained all the mandatory provisions required by law. The court also considered whether the agreement had been genuinely negotiated and if it appropriately balanced the interests of both the employer and the employees.

The court found that the agreement provided fair and reasonable terms for the employees, and it was negotiated in good faith. The agreement included all mandatory provisions required by law, and it met the procedural requirements set forth in the Fair Work Act 2009. Commissioner Smith was satisfied that the agreement appropriately balanced the interests of both parties and provided for a fair and reasonable outcome for all employees involved. The court approved the Civilmart Moorebank Precast Enterprise Agreement 2022.

The final orders included the approval of the agreement and its registration with the Fair Work Commission. The agreement was to take effect from the date of approval and would remain in force until superseded by a new agreement or until terminated in accordance with its provisions.

Precast Civil Industries T/A Civilmart

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established