DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/As Fulton Hogan Industries
(AG2018/1436)

FULTON HOGAN INDUSTRIES PTY LTD PORT PHILLIP ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 24 AUGUST 2018

Application for approval of the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2017.

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

[2] The Employer 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 Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 8 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Fulton Hogan Industries Pty Ltd, trading as Fulton Hogan Industries, and the Australian Building and Construction Commission (ABCC). The matter was heard in the Fair Work Commission. The primary dispute centred on the application for the approval of the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2017. The ABCC raised concerns regarding the agreement’s compliance with the Fair Work Act 2009, particularly in relation to the terms and conditions it provided for employees.

The key legal issues before the Commission included whether the enterprise agreement appropriately met the criteria set forth in the Fair Work Act, particularly in relation to the requirements for fair and reasonable terms, the coverage of employees, and the process through which the agreement was made. Additionally, the Commission had to assess if the agreement provided adequate protections for employees and whether it met the standards for procedural fairness. The Commission needed to determine if the agreement was genuinely negotiated and if it was made in good faith.

After a detailed examination of the evidence and arguments presented, the Commission found that the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2017 was compliant with the Fair Work Act. The Commission concluded that the agreement was made in good faith, was genuinely negotiated, and provided fair and reasonable terms for employees. The agreement was deemed to cover all necessary employees and met all statutory requirements. Consequently, the application for approval was granted. The Commission's decision was based on the substantial evidence presented that the agreement adhered to all legislative requirements and provided fair outcomes for the employees involved.

The final orders included the approval of the Fulton Hogan Industries Pty Ltd Port Phillip Enterprise Agreement 2017, effective from the date of the decision. This approval signified that the agreement would serve as the governing document for the terms and conditions of employment for the relevant employees.

Fulton Hogan Industries Pty Ltd T/As Fulton Hogan Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established