DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd
(AG2017/4976)

FULTON HOGAN CENTRAL REGION UTILITIES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 15 MARCH 2018

Application for approval of the Fulton Hogan Central Region Utilities Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Central Region Utilities Enterprise Agreement 2017 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Fulton Hogan Central Region Utilities Enterprise Agreement 2017. The application was made by the company, and the Australian Council of Trade Unions (ACTU) intervened in support of the application. The nature of the dispute centred around the provisions of the proposed enterprise agreement, particularly those relating to pay rates and conditions for employees within the central region utilities sector.

The primary legal issues before the Commission involved whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms, whether it was free from coercion and undue influence, and if it included adequate provisions for employee representation. The Commission also needed to assess if the agreement adequately addressed the needs and interests of both parties.

In delivering its decision, the Fair Work Commission considered various submissions from both parties. The Commission found that the proposed agreement was fair and reasonable, providing adequate protections for employees while also meeting the operational needs of the company. The Commission approved the agreement, noting that it met all statutory requirements and provided a balanced outcome for both the employer and the employees. The Commission concluded that the agreement was in the best interests of the employees and would promote harmonious, productive, and cooperative workplace relations.

The Commission approved the Fulton Hogan Central Region Utilities Enterprise Agreement 2017, effective from the date of the decision. This approval allows the agreement to be registered with the Fair Work Commission, and it will govern the employment conditions for employees within the specified region.

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