Fulton Hogan Construction Pty Ltd

[2014] FWCA 3210

[2014] FWCA 3210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd
(AG2014/5991)

FULTON HOGAN PTY LTD MINOR CONSTRUCTION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 MAY 2014

Application for approval of the Fulton Hogan Pty Ltd Minor Construction Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Pty Ltd Minor Construction Enterprise Agreement 2014 (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.

[4] 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 and is attached in Annexure B.

[5] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 May 2014 and, in accordance with s.54, will operate from 23 May 2014. The nominal expiry date of the Agreement is 8 September 2016.

DEPUTY PRESIDENT

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ANNEXURE A

ANNEXURE B