DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2020/1385)

FULTON HOGAN METROPOLITAN ROAD ASSET MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2020

Application for approval of the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2018 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fulton Hogan Industries Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 26 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied to the Fair Work Commission for approval of the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2018 - 2022. The applicants sought to have the agreement registered under the Fair Work Act 2009. The respondents included several unions and employer associations, who objected to the agreement on various grounds.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including that it provided for fair and reasonable terms and conditions, and that it was negotiated in good faith. The Commission also considered whether the agreement provided for proper disclosure of information, and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it was negotiated in good faith. The Commission also found that the agreement contained appropriate dispute resolution mechanisms, and that the applicants had provided proper disclosure of information. The Commission was satisfied that the agreement was in the best interests of the employees and the employers, and approved the agreement.

The Fair Work Commission approved the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2018 - 2022. The agreement is now registered under the Fair Work Act, and will apply to the relevant employees and employers. The respondents' objections were dismissed.

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