Ward Civil & Environmental Engineering Pty Ltd

Case [2025] FWCA 2858
[2025] FWCA 2858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ward Civil & Environmental Engineering Pty Ltd

(AG2025/2662)

WARD CIVIL & ENVIRONMENTAL ENGINEERING PTY LTD (QLD CIVIL PROJECTS) ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries

COMMISSIONER SIMPSON

BRISBANE, 26 AUGUST 2025

Application for approval of the Ward Civil & Environmental Engineering Pty Ltd (QLD Civil Projects) Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Ward Civil & Environmental Engineering Pty Ltd (QLD Civil Projects) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ward Civil & Environmental Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE530207  PR791079>

Details
AGLC
Ward Civil & Environmental Engineering Pty Ltd [2025] FWCA 2858
Case
[2025] FWCA 2858
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Ward Civil & Environmental Engineering Pty Ltd, trading as Ward Civil Projects, applied for approval of the Ward Civil & Environmental Engineering Pty Ltd (QLD Civil Projects) Enterprise Agreement 2025. The dispute centred on the terms of the proposed enterprise agreement, which sought to regulate the employment conditions of employees within the company's Queensland civil projects division.

The primary legal issue was whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. This involved examining whether the agreement complied with the "better off overall test" and whether it included the mandated minimum entitlements. The secondary issue was the fairness and reasonableness of the proposed terms, given the context of the negotiations and the industry standards.

The Commission found that the agreement satisfied the statutory requirements and met the better off overall test. It was determined that the proposed terms were fair and reasonable, taking into account the context of the negotiations and the evidence provided. The Commission approved the agreement, acknowledging the need for flexibility in the agreement to accommodate the unique challenges faced by the civil projects industry. The approval was contingent upon the agreement being registered with the Fair Work Commission within the stipulated timeframe.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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