Fulton Hogan Construction

[2019] FWCA 8205

[2019] FWCA 8205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fulton Hogan Construction
(AG2019/3900)

FULTON HOGAN PTY LTD MINOR CONSTRUCTION - PIPELINES SUBDIVISIONS & CIVIL DEPARTMENT ENTERPRISE AGREEMENT 2016

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 DECEMBER 2019

Application for variation of the Fulton Hogan Pty Ltd Minor Construction - Pipelines Subdivisions & Civil Department Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Fulton Hogan Pty Ltd Minor Construction - Pipelines Subdivisions & Civil Department Enterprise Agreement 2016 (the Agreement). The application was made by Fulton Hogan Construction pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 3 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE424842  PR714830>