Fulton Hogan Construction Pty Ltd Summary

[2013] FWCA 5077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd
(AG2013/7339)

FULTON HOGAN, LANDSCAPES MAINTENANCE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 25 JULY 2013

Application for approval of the Fulton Hogan, Landscapes Maintenance Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan, Landscapes Maintenance Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Fulton Hogan Construction Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 1 August 2013. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

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<Price code J, AE402644 PR539414>
APPENDIX A

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd applied to the Fair Work Commission for approval of the Fulton Hogan, Landscapes Maintenance Agreement 2012-2015. The applicant argued the agreement was a fair and reasonable basis for an enterprise agreement. The respondent argued it was not.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, meaning it was negotiated in good faith and covered the appropriate enterprise and employees.

The Fair Work Commission found that the agreement was a genuine enterprise agreement. The applicant had engaged in genuine bargaining, and the agreement covered the relevant enterprise and employees. The Commission also considered the procedural fairness of the negotiation process, finding no procedural irregularities. Therefore, the agreement was approved as a lawful and binding enterprise agreement.

The Fair Work Commission approved the Fulton Hogan, Landscapes Maintenance Agreement 2012-2015 as a lawful and binding enterprise agreement. The applicant's application was successful, and the agreement was deemed to meet all necessary statutory requirements.

Fulton Hogan Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established