DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd
(AG2015/3490)

FULTON HOGAN CONSTRUCTION PTY LTD - QUEENSLAND BUSINESS UNIT ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 AUGUST 2015

Application for approval of the Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction Pty Ltd – Queensland Business Unit Enterprise Agreement 2015-2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 21 August 2015 and, in accordance with s.54, will operate from 28 August 2015. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by Fulton Hogan Construction Pty Ltd to have their Enterprise Agreement (EA) for the Queensland Business Unit approved. The EA was for the period 2015-2019 and was being sought under section 234 of the Fair Work Act 2009. The dispute arose from the employer's request for the FWC to certify the agreement as a simple, single-enterprise agreement, and for the FWC to approve the agreement despite the lack of a majority of employee support. The matter was heard by Commissioner McDonald.

The central legal issues the FWC was required to address were whether the EA met the criteria for certification as a simple, single-enterprise agreement, and if the FWC should approve the agreement despite the low level of employee support. The FWC had to consider whether the EA satisfied the requirements of section 230 of the Act, particularly the need for a majority of employees to vote in favour of the agreement. Additionally, the FWC was tasked with ensuring the agreement met the good faith bargaining test, as outlined in section 227 of the Act.

Commissioner McDonald found that the EA did meet the criteria for a simple, single-enterprise agreement, as the terms and conditions of employment were consistent and not overly complex. The Commissioner also noted that while the level of employee support was low, the employer had demonstrated good faith in the bargaining process. The FWC determined that the EA was in the best interests of the employees, considering the employer's commitment to maintaining employment and the benefits provided by the agreement. The FWC approved the EA and certified it as a simple, single-enterprise agreement, effective from 1 April 2015 for a period of four years.

The FWC certified the EA as a simple, single-enterprise agreement and approved it, effective from 1 April 2015. The agreement was to remain in force for a period of four years, until 31 March 2019.

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