Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries Pty Ltd Summary

[2022] FWCA 4396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries Pty Ltd

(AG2022/4622)

Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 13 DECEMBER 2022

Application for approval of the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2022

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 20 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd, trading as Fulton Hogan Industries, sought approval for the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2022. The application was before the Fair Work Commission, where the central dispute involved the terms and conditions of employment for maintenance and civil workers in Western Australia. The key issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided for the employees' fair and reasonable terms and conditions of employment.

The Commission considered several factors, including the bargaining positions of the parties, the fairness of the proposed terms, and compliance with the relevant legislative framework. It examined the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. The Commission also assessed submissions from both the employer and the union, as well as any relevant industry benchmarks and precedents. The primary concern was ensuring that the agreement was not only procedurally sound but also substantively fair, providing adequate protections and benefits to the employees.

After thorough deliberation, the Commission found that the agreement was compliant with the Fair Work Act and met the necessary criteria for approval. The terms and conditions of employment were deemed fair and reasonable, taking into account the bargaining positions of the parties and the broader industry context. The Commission approved the Fulton Hogan Industries Maintenance and Civil Western Australia Enterprise Agreement 2022, acknowledging the balance achieved between the interests of the employer and the employees.

Fulton Hogan Industries Pty Ltd T/A 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