Application by Modern Concrete Constructions Pty Ltd Trading AS Freecity Construction
Citation: [2026] FWCA 1604
What happened
Modern Concrete Constructions Pty Ltd, trading as Freecity Construction, sought approval for the Freecity Construction/Employees Collective Agreement 2026 - 2029. The agreement covers a single enterprise and applies to employees in the building, metal and civil construction industries.
What was decided
The Fair Work Commission approved the Freecity Construction/Employees Collective Agreement 2026 - 2029. the Commissioner found that all relevant requirements of sections 186, 187, and 188 of the Fair Work Act 2009 were met. The agreement will operate from seven days after approval and expires on June 22, 2029. Any inconsistency between the agreement and National Employment Standards (NES) will be resolved in favour of the NES.
What it means for employers
Employers should ensure any enterprise agreements comply with all requirements under the Fair Work Act before seeking approval. They must also consider how their agreement interacts with, and potentially gives way to, the entitlements provided by the National Employment Standards.
What it means for employees
Employees covered by the Freecity Construction/Employees Collective Agreement 2026 - 2029 will have certain terms and conditions of employment outlined in the agreement. If there is a conflict between the agreement and their rights under the NES, the NES will take precedence.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1604.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections