Fulton Hogan Industries Pty Ltd

[2015] FWCA 1808

[2015] FWCA 1808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2015/2122)

FULTON HOGAN INDUSTRIES PTY LTD PORT PHILLIP ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 MARCH 2015

Application for approval of the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2014 (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 (Fulton Hogan). The agreement is a single-enterprise agreement.

[2] An employer statutory declaration in support of the application (Form F17) was filed by Mr B Jolly on behalf of Fulton Hogan. The statutory declaration states that the model Flexibility and Consultation terms are to apply.

[3] As the Agreement does not contain a flexibility provision in the terms of s.202 of the Act. 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.

[4] The Agreement also does not contain a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act. Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[7] The Construction, Forestry, Mining and Energy 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.

[8] The Agreement is approved and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is 8 September 2017.

SENIOR DEPUTY PRESIDENT

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