Fulton Hogan Industries Pty Ltd

[2025] FWCA 1261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd

(AG2025/957)

FULTON HOGAN INDUSTRIES PTY LTD PORT PHILLIP ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 15 APRIL 2025

Application for approval of the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2024 (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.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and in accordance with s.54, will operate from 22 April 2025. The nominal expiry date of the Agreement is 7 September 2027.

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 approval of the Port Phillip Enterprise Agreement 2024. The application was brought before the commission in response to objections raised by the Building and Construction Industry Union. The parties were unable to reach a resolution, leading to the dispute being heard by the commission. The central issue for the commission to decide was whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the commission had to determine if the agreement contained the required provisions for minimum wages, penalty rates, and other standard terms and conditions of employment.

The commission considered the provisions of the agreement and the objections raised by the Building and Construction Industry Union. The union argued that the agreement did not adequately protect employees' rights, particularly in relation to overtime rates and shift allowances. The commission examined the agreement's provisions in detail, assessing whether they complied with the legal requirements. The commission concluded that the agreement was compliant with the necessary provisions of the Fair Work Act. The commission found that the agreement contained all the required minimum terms and conditions, including provisions for wages, penalty rates, and other standard employment terms. Based on this finding, the commission approved the agreement.

The commission's decision was based on its determination that the agreement met all the legal requirements for approval. The commission found that the agreement contained all the necessary provisions for minimum wages, penalty rates, and standard terms and conditions of employment. The commission rejected the union's objections, finding that the agreement was fair and did not unfairly disadvantage employees. The final orders of the commission were that the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2024 be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established