Square Ceilings Pty Ltd

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[2025] FWCA 960

DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Square Ceilings Pty Ltd
(AG2025/438)
SQUARE CEILINGS PTY LTD ENTERPRISE AGREEMENT 2025
Building, metal and civil construction industries

COMMISSIONER PLATT ADELAIDE, 21 MARCH 2025
Application for approval of the Square Ceilings Pty Ltd Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the

Square Ceilings Pty Ltd Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Square Ceilings Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 3 March 2025.
[3] On 5 March 2025, I conducted a telephone conference with the parties to seek

clarification about aspects of the Agreement and invited the Applicant to address these matters
including through the provision of an undertaking.
[4] The Applicant submitted an undertaking in the required form dated 17 March 2025. The

undertaking deals with the following:
• Despite Appendix A, the minimum rates of pay are increased by $1.00.
[5] A copy of the undertaking has been provided to the bargaining representatives and I

have sought their views in accordance with s.190(4) of the Act. The bargaining representatives
did not express any view on the undertaking.
[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have

accepted it. As a result, the undertakings are taken to be a term of the Agreement.
[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are

relevant to this application for approval have been met.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 days after the date of approval of the Agreement. The nominal expiry date is 27 March 2029.

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[2025] FWCA 960

COMMISSIONER
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CaseChat Overview and Summary

This matter involves an application by Square Ceilings Pty Ltd for the approval of an enterprise agreement, specifically the Square Ceilings Pty Ltd Enterprise Agreement 2025, under the Fair Work Act 2009. The applicant, a construction company, sought approval of this single enterprise agreement, which is intended to regulate the terms and conditions of employment for its employees. The application was heard by Commissioner Platt in Adelaide on 21 March 2025.

The primary legal issue before the court was whether the agreement met the statutory requirements set out in sections 186, 187, 188, and 190 of the Fair Work Act 2009. These sections outline various criteria that must be satisfied for an enterprise agreement to be approved, including provisions related to the good faith negotiation of the agreement, the inclusion of certain mandatory terms, and the process for the involvement of bargaining representatives. Additionally, the court had to assess an undertaking provided by the applicant to address certain concerns about the agreement.

In determining the application, the Commissioner reviewed the provisions of the agreement and the undertaking provided by the applicant. The Commissioner was satisfied that the agreement met all the statutory requirements, including the involvement of bargaining representatives and the terms stipulated in the agreement itself. The Commissioner also accepted the undertaking provided by the applicant, which addressed the specific concerns raised regarding the minimum rates of pay. Consequently, the Commissioner approved the agreement, noting that it would operate from seven days after the date of approval and expire on 27 March 2029.

The final orders of the court were that the Square Ceilings Pty Ltd Enterprise Agreement 2025 is approved and will take effect seven days after the date of approval. The approval is contingent upon the terms of the agreement, including those outlined in the accepted undertaking.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established