Construction, Forestry, Mining and Energy Union

[2013] FWCA 1434

[2013] FWCA 1434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2012/12978)

FULTON HOGAN CONSTRUCTION PTY LTD (NSW CIVIL PROJECTS) CFMEU AND AWU ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 8 MARCH 2013

Application for approval of the Fulton Hogan Construction Pty Ltd (NSW Civil Projects) CFMEU and AWU Enterprise Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction Pty Ltd (NSW Civil Projects) CFMEU and AWU Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 13 - Hours of work and rostered days off, provides for an ordinary span of hours between 6:00am to 6:00pm. The Building and Construction General On-site Award 2010 (the Award), being the relevant modern award for the application of the better off overall test as per s.193(1) of the Act, provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are significantly higher, and compensate for the additional increase in the span of ordinary working hours. On this basis I am satisfied that the increase in the ordinary span of hours satisfies the better off overall test.

[3] The Agreement covers those employees in the classification structure in Appendix B of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 March 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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