Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Construction Pty Ltd

[2022] FWCA 1657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Construction Pty Ltd

(AG2022/1403)

Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement 2022 - 2025

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 19 MAY 2022

Application for approval of the Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement 2022 - 2025 (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement, covering the Queensland Business Unit from 2022 to 2025, was the subject of dispute between the company and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement was made in good faith and whether it provided for minimum terms and conditions of employment.

The legal issues centred on the compliance of the agreement with the legislative framework. Specifically, the Commission needed to ascertain whether the agreement was genuinely negotiated, whether it contained the requisite minimum terms and conditions, and whether it was free from prohibited content. The Commission also considered the impact of the agreement on the employees, including the balance of rights and obligations, and the implications for workplace relations.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and the views of the parties. The Commission found that the agreement was the product of genuine negotiations and contained the necessary minimum terms and conditions. It was satisfied that the agreement did not include any prohibited content and that it was fair and reasonable. Given these findings, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Fulton Hogan Construction Pty Ltd - Queensland Business Unit Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision provided clarity and certainty for both Fulton Hogan Construction Pty Ltd and the CFMEU in relation to the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established