DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Construction Pty Ltd
(AG2018/2630)

FULTON HOGAN COMMUNICATIONS ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 2 OCTOBER 2018

Application for approval of the Fulton Hogan Communications Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Communications Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fulton Hogan Construction Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 September 2018.

[3] On 20 September 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 September 2018. The undertaking deals with the following topics:

• At clause 8.1.4 of the Agreement, for the purposes of the National Employment Standards, the definition of “shift worker” will be overridden and given the definition of “continuous shift worker” as contained in the Electrical, Electronic and Communications Contracting Award 2010.

• Casual employees will be entitled to payment for a minimum four hours of work per engagement.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd applied to the Fair Work Commission for approval of the Fulton Hogan Communications Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers Union, who argued that the proposed agreement did not adequately provide for the employees' remuneration and conditions. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act, including the need for procedural fairness, proper consultation, and the provision of a safety net of minimum terms and conditions. The court also needed to determine if the agreement adequately protected the rights and interests of the employees.

The Fair Work Commission found that the application met the necessary procedural requirements and that the agreement provided for a safety net of minimum terms and conditions. The commission held that the agreement was fair and reasonable, considering the need for flexibility in the enterprise and the importance of maintaining harmonious workplace relations. The application was approved, and the agreement was registered.

The Fair Work Commission approved the application and registered the Fulton Hogan Communications Enterprise Agreement 2018. The decision confirmed that the agreement met the legal standards for approval under the Fair Work Act, and the agreement became effective as of the registration date.

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