Fulton Hogan Pty Ltd T/A Fulton Hogan Eastern Construction

[2021] FWCA 7215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Pty Ltd T/A Fulton Hogan Eastern Construction
(AG2021/8776)

FULTON HOGAN EASTERN CONSTRUCTION (NSW CIVIL PROJECTS)/CFMEU ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 DECEMBER 2021

Application for approval of the Fulton Hogan Eastern Construction (NSW Civil Projects)/CFMEU Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Fulton Hogan Eastern Construction (NSW Civil Projects)/CFMEU Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fulton Hogan Pty Ltd T/A Fulton Hogan Eastern Construction (Employer). The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Pty Ltd T/A Fulton Hogan Eastern Construction applied to the Fair Work Commission for approval of the Fulton Hogan Eastern Construction (NSW Civil Projects)/CFMEU Enterprise Agreement 2021. The company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it complied with the provisions of the Fair Work Act and related regulations. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and whether it was appropriately negotiated and in the best interests of the employees.

The Fair Work Commission examined various aspects of the agreement, including pay rates, working conditions, and dispute resolution mechanisms. The Commission considered submissions from both parties, as well as evidence and arguments presented. The Commission determined that the agreement did, in fact, provide for fair and reasonable terms and conditions, and was appropriately negotiated and in the best interests of the employees. The Commission also found that the agreement complied with the requirements of the Fair Work Act and related regulations.

The Fair Work Commission approved the Fulton Hogan Eastern Construction (NSW Civil Projects)/CFMEU Enterprise Agreement 2021. The Commission's decision was based on the evidence and arguments presented, and the conclusion that the agreement met the legal requirements for approval. The approval of the agreement ensures that the employees covered by the agreement will have fair and reasonable terms and conditions of employment, and that the agreement is appropriately negotiated and in their best interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established