Redicrete Pty Ltd

[2025] FWCA 1945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redicrete Pty Ltd

(AG2025/1701)

REDICRETE PTY LTD ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 12 JUNE 2025

Application for approval of the Redicrete Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Redicrete Pty Ltd Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Redicrete Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 19 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Redicrete Pty Ltd applied for approval of the Redicrete Pty Ltd Enterprise Agreement 2025. The dispute centred on whether the agreement met the legal requirements for certification and approval as a single interest employer agreement, as defined under section 231 of the Fair Work Act 2009. The applicant, Redicrete Pty Ltd, argued that the agreement was fairly and appropriately negotiated and contained provisions that were within the allowable limits of the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the relevant employees, if it contained permissible terms and conditions, and whether it adhered to the statutory criteria set out in the Fair Work Act 2009. Additionally, the Commission considered whether the agreement met the standards for good faith bargaining and if it provided adequate protections for employees.

The Commission found that the agreement had been fairly negotiated and contained terms and conditions that complied with the Act. It was noted that the applicant had demonstrated a commitment to good faith bargaining and had provided evidence of the negotiation process. The Commission was satisfied that the agreement met all the necessary statutory criteria and provided appropriate protections for employees. Consequently, the application for approval of the agreement was successful, and the Fair Work Commission certified the Redicrete Pty Ltd Enterprise Agreement 2025 as meeting the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established