Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Services

[2017] FWCA 5401

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Services

(AG2017/3412)

Fulton Hogan Services Western Australian Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 18 OCTOBER 2017

Application for approval of the Fulton Hogan Services Western Australia Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Services Western Australia Enterprise Agreement 2017 (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 T/A Fulton Hogan Services. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ 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 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Services recently brought an application before the Fair Work Commission for the approval of the Fulton Hogan Services Western Australia Enterprise Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The primary dispute centred on the fairness and compliance of the agreement with the statutory provisions, particularly regarding the terms and conditions of employment for the workers involved.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it provided for the proper protection of employee interests, and whether it contained adequate mechanisms for resolving disputes. The Commission had to determine if the agreement met the criteria set out in the Fair Work Act, including whether it was negotiated in good faith, covered a sufficient proportion of employees, and provided for proper terms and conditions. Additionally, the Commission needed to assess whether the agreement contained appropriate dispute resolution processes and if it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission, after thorough examination of the agreement and the submissions from both parties, found that the Fulton Hogan Services Western Australia Enterprise Agreement 2017 was a genuine enterprise agreement. The Commission determined that the agreement was negotiated in good faith, covered a sufficient proportion of employees, and provided for the proper protection of employee interests. The Commission also found that the agreement contained adequate mechanisms for resolving disputes, including provisions for conciliation and arbitration. As a result, the Commission approved the agreement under section 176 of the Fair Work Act 2009. The Commission's decision was based on the comprehensive evidence and arguments presented, confirming the agreement's compliance with the statutory requirements and its fairness towards the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established