Fulton Hogan Industries Pty Limited T/A Fulton Hogan Industries Pty Limited

[2023] FWCA 2445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Limited T/A Fulton Hogan Industries Pty Limited

(AG2023/2549)

FULTON HOGAN METROPOLITAN ROAD ASSET MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 AUGUST 2023

Application for approval of the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2022 (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 Industries Pty Limited T/A Fulton Hogan Industries Pty Limited (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 August 2023 and, in accordance with s 54, will operate from 14 August 2023. The nominal expiry date of the Agreement is 26 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Fulton Hogan Industries Pty Limited, trading as Fulton Hogan Industries, which applied to the Fair Work Commission for approval of a proposed enterprise agreement. The nature of the dispute was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The legal issues the court was required to decide involved the validity and fairness of the proposed enterprise agreement. This included assessing whether the agreement had been negotiated genuinely, whether it met the better-off-overall test, and whether it contained appropriate provisions for employee protections and dispute resolution. The court also needed to determine if there was sufficient employee representation in the negotiation process.

The Fair Work Commission found that the proposed agreement had been negotiated genuinely, met the better-off-overall test, and contained appropriate provisions for employee protections and dispute resolution. The commission also concluded that there was adequate employee representation in the negotiation process. Therefore, the application for approval of the agreement was successful. The agreement was approved, and it became legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established