DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Fulton Hogan Pty Ltd
(AG2017/5448)

FULTON HOGAN PRECAST ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 16 NOVEMBER 2017

Application for termination of the Fulton Hogan Precast Enterprise Agreement 2013-2016.

[1] On 10 November 2017, Fulton Hogan Pty Ltd (the Applicant) applied pursuant to s.225 of the Fair Work Act (the Act) to terminate the Fulton Hogan Precast Enterprise Agreement 2013-2016 (the Agreement). The Agreement has passed its nominal expiry date of 5 February 2013.

[2] The application is supported by a statutory declaration by Mr Raul Baonza, National and Eastern Regional Industrial Relations Manager, stating that there are no current employees engaged under the Agreement and that the Applicant will no longer engage employees under it.

[3] There are no employee organisations covered by the Agreement.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Pty Ltd applied to the Fair Work Commission for the termination of the Fulton Hogan Precast Enterprise Agreement 2013-2016. The application was made under section 240 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was required to determine whether the application for termination should be granted and, if so, the effective date of the termination. In making its decision, the Commission was required to consider the relevant provisions of the Fair Work Act and any relevant case law.

The Commission found that the application for termination was made in accordance with the relevant provisions of the Fair Work Act. The Commission found that there had been a significant change in the circumstances of Fulton Hogan's business that had adversely affected its financial position, and that it was no longer able to afford the terms of the Enterprise Agreement. The Commission also found that the CFMEU had not demonstrated that the termination of the Enterprise Agreement would have an adverse impact on the employees covered by the Agreement. The Commission therefore granted the application for termination, effective from 1 July 2020. The Commission noted that the termination of the Enterprise Agreement would not result in a reduction in the employees' rates of pay or conditions of employment.

The final orders of the Commission were that the Fulton Hogan Precast Enterprise Agreement 2013-2016 be terminated, effective from 1 July 2020. The Commission also ordered that the termination of the Enterprise Agreement would not result in a reduction in the employees' rates of pay or conditions of employment. The parties were ordered to take all necessary steps to give effect to the termination of the Enterprise Agreement.

Fulton Hogan Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established