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.
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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 →