Fulton Hogan Industries Pty Ltd Summary

[2013] FWCA 1877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2013/5516)

FULTON HOGAN PTY LTD METRO SOUTH EAST ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 26 MARCH 2013

Application for approval of the Fulton Hogan Pty Ltd Metro South East Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Pty Ltd Metro South East Enterprise Agreement 2013 (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 Applicant 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, 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 26 March 2013 and, in accordance with s.54, will operate from 2 April 2013. The nominal expiry date of the Agreement is 26 August 2015.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied for approval of the Fulton Hogan Pty Ltd Metro South East Enterprise Agreement 2013 under section 186(1) of the Fair Work Act 2009. The applicant argued the agreement was appropriate for the employees covered by it, and the application was not opposed. The Fair Work Commission heard the application and had to decide if the agreement was suitable for the employees it covered.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant needed to demonstrate that the agreement contained minimum terms and conditions of employment, was made in good faith, and was not detrimental to the employees it covered. The Commission needed to assess if the agreement complied with the legislative requirements and was appropriate for the workforce.

After reviewing the agreement and considering the provisions of the Fair Work Act 2009, the Fair Work Commission determined that the agreement met the criteria for approval. The Commission found that the agreement contained appropriate minimum terms and conditions, was made in good faith, and was not detrimental to the employees it covered. Consequently, the Commission approved the agreement under section 186(1) of the Fair Work Act 2009.

The Fair Work Commission approved the Fulton Hogan Pty Ltd Metro South East Enterprise Agreement 2013 under section 186(1) of the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision and was to remain in force until the earlier of the date it was terminated in accordance with its terms or 31 December 2018.

Fulton Hogan Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established