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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CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan, a construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), a trade union, applied to the Fair Work Commission for approval of a new enterprise agreement. The agreement aimed to replace the existing Fulton Hogan Construction Pty Ltd Victoria Civil Construction CFMMEU Agreement 2016. The legal issues before the commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining and the provisions for minimum entitlements. The commission needed to determine if the agreement was made in good faith, if it provided for the minimum entitlements as prescribed by the act, and if it was fair and reasonable.

The commission examined the process of bargaining and the content of the agreement. It found that the parties had engaged in genuine negotiations and that the agreement provided for the minimum entitlements. The commission considered the evidence of the parties' bargaining conduct and the provisions of the proposed agreement. It concluded that the agreement was made in good faith and met the requirements of the act. The commission also noted that the agreement contained provisions for various matters, including wages, conditions of employment, and dispute resolution mechanisms. The commission was satisfied that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the Fulton Hogan Construction Pty Ltd Victoria Civil Construction CFMMEU Agreement 2019. The approval was based on the findings that the agreement was made in good faith, met the minimum entitlements as prescribed by the Fair Work Act 2009, and was fair and reasonable. The agreement will replace the existing agreement and will be in effect from the date of approval. The parties will be bound by the terms of the new agreement, and any disputes arising from it will be resolved according to the provisions outlined within the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established