Fulton Hogan Construction Pty Ltd T/A Fulton Hogan; Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 4179

[2019] FWCA 4179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan; Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1848)

FULTON HOGAN CONSTRUCTION PTY LTD VICTORIA CIVIL CONSTRUCTION CFMMEU AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the Fulton Hogan Construction Pty Ltd Victoria Civil Construction CFMMEU Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction Pty Ltd Victoria Civil Construction CFMMEU Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Fulton Hogan Construction Pty Ltd T/A Fulton Hogan; Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The employer did not provide the relevant employees with the Notice of Representational Rights in the form prescribed by Schedule 2.1 of the Fair Work Regulations 2009 (Cth). Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural or technical error made in relation to the requirements set out in s.174 of the Act. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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