DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2018/7261)

FULTON HOGAN INDUSTRIES MAINTENANCE AND CIVIL WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 JULY 2019

Application for approval of the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2019 (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] 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 referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 17 July 2019 and, in accordance with s.54, will operate from 24 July 2019. The nominal expiry date of the Agreement is 23 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504496 PR710437>
Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd, an employer, applied for approval of the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2019. The applicant sought a certificate of registration under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was appropriate for registration, given its compliance with the statutory requirements and whether it met the criteria of being a "better off overall test" agreement.

The court had to decide whether the agreement met the statutory requirements and if it was a "better off overall test" agreement. The latter requires that the agreement be beneficial to the employees on balance, considering the total conditions of employment, including wages, leave entitlements, and other terms and conditions. The court examined whether the agreement contained all the mandated terms and conditions, and whether it was made in good faith and free from coercion.

In reaching its decision, the Fair Work Commission considered the content of the agreement, the process through which it was negotiated, and the evidence provided by both parties. The Commission found that the agreement met all statutory requirements and was a "better off overall test" agreement. The Commission was satisfied that the agreement was negotiated in good faith and was free from any form of coercion. Furthermore, the Commission concluded that the agreement provided employees with a fair and reasonable set of conditions, thereby meeting the "better off overall test." Consequently, the Fair Work Commission approved the agreement and certified it for registration.

The Fair Work Commission approved the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2019 and certified it for registration under the Fair Work Act 2009. This decision recognised the agreement as meeting the statutory requirements and being a "better off overall test" agreement, ensuring fair and reasonable conditions for employees.

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