Fulton Hogan Australia (Management) Pty Ltd Summary

[2022] FWCA 4551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Australia (Management) Pty Ltd

(AG2022/5108)

Fulton Hogan Utilities Communications South Australia and Northern Territory Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 DECEMBER 2022

Application for approval of the Fulton Hogan Utilities Communications South Australia and Northern Territory Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Fulton Hogan Utilities Communications South Australia and Northern Territory Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fulton Hogan Australia (Management) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 21 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, 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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 28 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Australia (Management) Pty Ltd applied for approval of the Fulton Hogan Utilities Communications South Australia and Northern Territory Enterprise Agreement 2022. The Fair Work Commission (FWC) considered the application, and the parties involved were Fulton Hogan Australia (Management) Pty Ltd, the employer, and the union, Communications Electrical and Plumbing Union of Australia (CEPU). The dispute centred on the terms and conditions of employment for employees covered by the agreement, including wage rates, working conditions, and dispute resolution mechanisms.

The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009 (FW Act) and whether it was in the best interests of the employees. Specifically, the FWC had to determine if the agreement was "better off overall" for the employees, whether it complied with the FW Act, and whether the agreement was made in good faith. The FWC also considered whether the agreement provided for a fair and efficient method of dispute resolution.

The FWC found that the agreement met the statutory requirements and was in the best interests of the employees. The FWC noted that the proposed agreement provided for fair and competitive wage rates and included provisions for additional benefits, such as paid leave and superannuation. The FWC also found that the agreement contained efficient and effective dispute resolution mechanisms, which were fair to both the employer and employees. The FWC was satisfied that the agreement was made in good faith and that it provided a better overall outcome for the employees, taking into account both the financial and non-financial benefits.

The FWC approved the Fulton Hogan Utilities Communications South Australia and Northern Territory Enterprise Agreement 2022. The agreement will now apply to the employees covered by it, providing them with the terms and conditions of employment outlined in the agreement. The decision of the FWC is final and binding on the parties, and it will govern the employment relationship between Fulton Hogan Australia (Management) Pty Ltd and the employees for the duration of the agreement.

Fulton Hogan Australia (Management) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established