Fulton Hogan Construction Pty Ltd

[2025] FWCA 1980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Construction Pty Ltd

(AG2025/1729)

FULTON HOGAN CONSTRUCTION PTY LTD - QUEENSLAND BUSINESS UNIT ENTERPRISE AGREEMENT - 2025-2029

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 16 JUNE 2025

Application for approval of the Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement - 2025-2029

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement - 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fulton Hogan Construction Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd applied to the Fair Work Commission for approval of the Queensland Business Unit Enterprise Agreement for the period 2025-2029. The application was made under the Fair Work Act 2009. The applicant sought approval for the agreement as a registered agreement, which would provide the basis for future pay and conditions for the employees within the specified unit.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly in relation to the procedural fairness, good faith bargaining, and the fairness of the terms and conditions proposed. The Commission also had to consider whether the agreement provided for the minimum entitlements required by the Act and whether it was consistent with the principles of industrial relations law.

In determining the application, the Commission examined the bargaining process and found that the agreement was the result of genuine and good faith bargaining between the parties. The Commission also considered the terms and conditions of the agreement and concluded that they were fair and reasonable. The Commission noted that the agreement provided for minimum entitlements and was consistent with relevant industrial instruments. Having found that the agreement met the requirements of the Act, the Commission approved the application and registered the agreement as a registered agreement.

The Fair Work Commission approved the application and registered the Queensland Business Unit Enterprise Agreement for the period 2025-2029 as a registered agreement. The decision was made under the Fair Work Act 2009 and is effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established