DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Construction
(AG2017/2087)

FULTON HOGAN PTY LTD MINOR CONSTRUCTION - PIPELINES SUBDIVISIONS & CIVIL DEPARTMENT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2017

Application for approval of the Fulton Hogan Pty Ltd Minor Construction - Pipelines Subdivisions & Civil Department Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Pty Ltd Minor Construction – Pipelines Subdivisions & Civil Department Enterprise Agreement 2016 (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 T/A Fulton Hogan Construction. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Fulton Hogan Construction Pty Ltd, trading as Fulton Hogan Construction, which sought approval for the Fulton Hogan Pty Ltd Minor Construction - Pipelines Subdivisions & Civil Department Enterprise Agreement 2016. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, which was to govern the employment of workers in the Minor Construction - Pipelines Subdivisions & Civil Department within the company. The case was heard by the Fair Work Commission, a specialist industrial relations tribunal in Australia.

The primary legal issues before the court were whether the terms of the proposed enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This included assessing if the agreement met the criteria for being a "single interest" enterprise agreement, whether it provided for minimum entitlements as set out in the Fair Work Act, and if it complied with procedural fairness principles. The court was also required to determine if the agreement was genuinely negotiated and whether it included appropriate dispute resolution mechanisms.

The court conducted a thorough review of the agreement, considering the submissions from both parties. It examined the bargaining process to ensure it was genuinely undertaken and that all mandatory terms were included. The court found that the agreement was indeed a single interest enterprise agreement and satisfied the minimum entitlements required by law. Additionally, the court concluded that the agreement was genuinely negotiated and contained adequate dispute resolution provisions. Therefore, the court approved the agreement, confirming its compliance with all legislative requirements.

The final orders of the court were that the Fulton Hogan Pty Ltd Minor Construction - Pipelines Subdivisions & Civil Department Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the agreement would govern the employment conditions of the relevant workers, provided it remained in effect.

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established