Fulton Hogan T/A Fulton Hogan Construction Pty Ltd Summary

[2022] FWCA 1479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan T/A Fulton Hogan Construction Pty Ltd

(AG2022/1164)

Fulton Hogan Construction Pty Ltd Victoria Major Projects and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2021-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 MAY 2022

Application for approval of the Fulton Hogan Construction Pty Ltd Victoria Major Projects and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2021-2023

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction Pty Ltd Victoria Major Projects and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2021-2023 (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 T/A Fulton Hogan Construction Pty Ltd. The Agreement is a single enterprise agreement.

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

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan T/A Fulton Hogan Construction Pty Ltd, represented by its managing director, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), together with its members, were the parties involved in an application for the approval of their enterprise agreement. The application was brought before the Fair Work Commission, with the aim of having the proposed agreement approved as a registered agreement under the Fair Work Act 2009. The enterprise agreement in question, titled the Fulton Hogan Construction Pty Ltd Victoria Major Projects and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2021-2023, was contested by Fulton Hogan, which argued that the agreement should not be approved as it failed to meet certain statutory requirements.

The central legal issues before the Commission involved the compliance of the proposed agreement with the Fair Work Act. Specifically, the court needed to determine whether the agreement met the criteria for registration, such as the agreement being genuinely negotiated and the parties acting in good faith. Furthermore, the Commission had to assess whether the agreement included all the mandatory terms prescribed by the Act and if it provided for a fair and equitable outcome for both parties. Another aspect considered was whether the agreement adequately addressed the rights and obligations of the parties and provided for a fair process for resolving disputes.

The Fair Work Commission, after careful consideration of the arguments presented by both parties, concluded that the proposed agreement was compliant with the Fair Work Act. The Commission found that the agreement was genuinely negotiated between the parties and that both parties had acted in good faith throughout the negotiation process. Additionally, the Commission determined that the agreement included all the mandatory terms prescribed by the Act and provided for a fair and equitable outcome for both parties. The Commission also found that the agreement adequately addressed the rights and obligations of the parties and provided for a fair process for resolving disputes.

As a result, the Fair Work Commission approved the Fulton Hogan Construction Pty Ltd Victoria Major Projects and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2021-2023 as a registered agreement under the Fair Work Act 2009. This decision marked the formal recognition and enforcement of the agreement between Fulton Hogan and the CFMEU, ensuring that the terms and conditions of employment for the employees covered by the agreement would be legally binding and protected.

Fulton Hogan T/A Fulton Hogan Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established