DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Ecodynamics JV
(AG2014/10007)

FULTON HOGAN AND ECODYNAMICS (FHE) MAINTENANCE AND LOW RISK CAPITAL ENTERPRISE AGREEMENT 2014-2017

Gardening services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Fulton Hogan and Ecodynamics (FHE) Maintenance and Low Risk Capital Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan and Ecodynamics (FHE) Maintenance and Low Risk Capital Enterprise Agreement 2014-2017 (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 Ecodynamics JV. 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 December 2014 and, in accordance with s.54, will operate from 12 December 2014. 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, trading as Fulton Hogan Ecodynamics Joint Venture, applied to the Fair Work Commission for approval of the Fulton Hogan and Ecodynamics (FHE) Maintenance and Low Risk Capital Enterprise Agreement 2014-2017. The agreement was submitted for registration under section 232 of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the fairness and compliance of the proposed enterprise agreement with the legislative requirements of the Fair Work Act.

The primary legal issue before the Commission was whether the enterprise agreement met the "better off overall test" as stipulated in section 173 of the Fair Work Act. This test requires that employees under the agreement should be no worse off financially and, if possible, better off overall compared to their previous conditions. The Commission also needed to assess if the agreement contained all the mandatory terms required by the Fair Work Act and whether the agreement was made in good faith and not under duress or coercion.

The Fair Work Commission assessed the evidence and submissions from both parties, considering the terms of the agreement, the financial implications for employees, and the procedural fairness of the agreement's negotiation. The Commission found that the agreement was made in good faith, complied with all mandatory terms, and met the better off overall test. The Commission approved the application for registration, concluding that the agreement was fair and compliant with the statutory requirements.

The Fair Work Commission approved the registration of the Fulton Hogan and Ecodynamics (FHE) Maintenance and Low Risk Capital Enterprise Agreement 2014-2017. The agreement was deemed to be compliant with the Fair Work Act and met the statutory requirements for registration. The Commission's decision effectively finalised the application process, allowing the agreement to be implemented and binding on the parties involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established