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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd sought approval of the Fulton Hogan Telecommunications Contracting Enterprise Agreement 2015 (WA) from the Fair Work Commission. The dispute involved the proposed enterprise agreement, which was intended to regulate the employment terms and conditions of the company's telecommunications contracting employees. The application was brought before the Fair Work Commission to determine whether the agreement met the requirements set out in the Fair Work Act 2009.

The central legal issues before the court were whether the proposed agreement was a "single interest" enterprise agreement, whether it contained all the mandated terms and conditions, and whether the agreement complied with the good faith bargaining requirements of the Fair Work Act 2009. The court had to consider whether the agreement was negotiated in good faith, whether it was made without coercion, and whether it contained all the necessary minimum terms and conditions.

The Fair Work Commission found that the proposed agreement was a single interest enterprise agreement and contained all the mandated terms and conditions. The Commission was satisfied that the agreement was negotiated in good faith, without coercion, and was made in accordance with the good faith bargaining provisions of the Fair Work Act 2009. The Commission also found that the agreement met all the requirements of the Fair Work Act 2009, including the provisions relating to the minimum terms and conditions. As a result, the Commission approved the agreement, and it became a legally binding enterprise agreement.

The Fair Work Commission approved the Fulton Hogan Telecommunications Contracting Enterprise Agreement 2015 (WA), and it became a legally binding enterprise agreement. The decision of the Commission was based on its findings that the agreement was a single interest enterprise agreement, contained all the mandated terms and conditions, and was negotiated in good faith, without coercion. The agreement now governs the employment terms and conditions of the company's telecommunications contracting employees.

Fulton Hogan Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established