DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Pty Ltd T/A Fulton Hogan Construction Pty Ltd
(AG2016/918)

FULTON HOGAN EASTERN CONSTRUCTION (NSW CIVIL PROJECTS) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 MAY 2016

Application for approval of the Fulton Hogan Eastern Construction (NSW Civil Projects) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Eastern Construction (NSW Civil Projects) Enterprise Agreement 2016 (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 Pty Ltd T/A Fulton Hogan Construction 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, 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.

[6] The Agreement was approved on 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 18 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Pty Ltd, trading as Fulton Hogan Construction Pty Ltd, sought approval of the Fulton Hogan Eastern Construction (NSW Civil Projects) Enterprise Agreement 2016 in the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees covered by the proposed enterprise agreement. The application was brought before the Fair Work Commission to ensure that the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the public interest and met the requirements for approval under the Fair Work Act. This included ensuring the agreement provided for the fair and reasonable terms and conditions of employment, and that it was not contrary to public policy or the principles of the National Workplace Relations System. The Commission also had to consider the impact of the agreement on the employees' bargaining rights and whether the agreement had been fairly and genuinely negotiated.

In delivering its decision, the Fair Work Commission examined the evidence and submissions presented by the parties. The Commission determined that the agreement was in the public interest and met the statutory requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment, and did not contravene any public policy or the principles of the National Workplace Relations System. The Commission was satisfied that the agreement had been fairly and genuinely negotiated between the employer and the employees' representatives.

The Fair Work Commission approved the Fulton Hogan Eastern Construction (NSW Civil Projects) Enterprise Agreement 2016, confirming its compliance with the Fair Work Act. The approval ensures that the terms and conditions of employment for the employees are legally binding and enforceable. This decision provides certainty to both the employer and the employees regarding the employment conditions covered by the agreement.

Fulton Hogan Pty Ltd T/A Fulton Hogan Construction 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