Fulton Hogan Construction Pty Ltd

[2015] FWCA 7745

[2015] FWCA 7745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd
(AG2015/6552)

FULTON HOGAN TELECOMMUNICATIONS CONTRACTING ENTERPRISE AGREEMENT 2015 (WA)

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the FULTON HOGAN TELECOMMUNICATIONS CONTRACTING ENTERPRISE AGREEMENT 2015 (WA).

[1] An application has been made for approval of an enterprise agreement known as the FULTON HOGAN TELECOMMUNICATIONS CONTRACTING ENTERPRISE AGREEMENT 2015 (WA) (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

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

[6] The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Fair Work Act 2009 is taken to be a term of the Agreement.

[7] The Agreement was approved on 11 November 2015 and, in accordance with s.54, will operate from 18 November 2015. The nominal expiry date of the Agreement is 11 November 2019.

COMMISSIONER

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Annexure A