Fulton Hogan Construction Pty Ltd and Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Services Summary

[2014] FWCA 1301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd and Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Services
(AG2014/259)

FULTON HOGAN SERVICES WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 FEBRUARY 2014

Application for approval of the Fulton Hogan Services Western Australian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Services Western Australian Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Australian Workers’ 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) of the Act I note that the Agreement covers the organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd and Fulton Hogan Industries Pty Ltd, trading as Fulton Hogan Services, sought approval of the Fulton Hogan Services Western Australian Enterprise Agreement 2013. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the legal criteria for approval, specifically whether it complied with the requirements for safety and health provisions and whether it contained an adequate dispute resolution process.

The key legal issues were whether the safety and health provisions in the agreement were sufficient to ensure a safe and healthy working environment, and whether the dispute resolution process provided a fair and efficient means for resolving any disputes that might arise. The court had to examine the content of the agreement against the statutory standards set out in the Fair Work Act.

The Fair Work Commission found that the safety and health provisions in the agreement were adequate and met the legislative requirements. The agreement provided for a robust framework that ensured the health and safety of employees. Additionally, the court determined that the dispute resolution process outlined in the agreement was effective and provided a fair means for resolving any employment-related disputes. The agreement contained provisions for negotiation, mediation, and, if necessary, arbitration. The Commission concluded that these provisions met the standards required by the Fair Work Act.

As a result, the Fair Work Commission approved the Fulton Hogan Services Western Australian Enterprise Agreement 2013. The approval ensures that the agreement will govern the terms and conditions of employment for the workers covered by the agreement, subject to the legal framework provided by the Fair Work Act.

Fulton Hogan Construction Pty Ltd and Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established