DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2020/3116)

FULTON HOGAN SYDNEY AIRPORT MAINTENANCE ENTERPRISE AGREEMENT 2020

Airport operations
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2020

Application for approval of the Fulton Hogan Sydney Airport Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Sydney Airport Maintenance Enterprise Agreement 2020 (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 Ltd. 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 is approved and, in accordance with s.54 of the Act, will operate from 11 November 2020. The nominal expiry date of the Agreement is 1 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied to the Fair Work Commission for the approval of the Fulton Hogan Sydney Airport Maintenance Enterprise Agreement 2020. The applicant is an employer in the road transport industry, and the respondents are the employees covered by the agreement. The dispute centred on the validity and fairness of the proposed enterprise agreement, including its provisions related to pay rates, working conditions, and dispute resolution mechanisms.

The key legal issues before the Commission were whether the agreement was fairly and properly negotiated, and whether it met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural fairness requirements, including the provision of sufficient information to employees to enable informed decision-making.

The Commission found that the agreement was negotiated in good faith and met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that the procedural fairness requirements were satisfied. The Commission was satisfied that the employees had been provided with adequate information to make an informed decision regarding the agreement. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Fulton Hogan Sydney Airport Maintenance Enterprise Agreement 2020, finding it to be fairly and properly negotiated and compliant with the statutory requirements under the Fair Work Act 2009. The agreement was deemed to provide for fair and reasonable terms and conditions for the employees, and the procedural fairness requirements were met.

Fulton Hogan Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established