Fulton Hogan Pty Ltd T/A Fulton Hogan Eastern Construction

[2021] FWCA 7215

[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

<AE514375  PR736948>