Application for approval of the Fulton Hogan Pty Ltd Minor Construction - Pipelines & Subdivisions Enterprise Agreement 2025

[1] Fulton Hogan Construction (the Employer) has made an application for approval of an enterprise agreement known as the Fulton Hogan Pty Ltd Minor Construction - Pipelines & Subdivisions Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[4] Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] Pursuant to s.205A(2) of the FW Act, the workplace delegates' rights term prescribed by Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

[7] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 17.9

• Clause 25

[8] However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Agreement is approved and, in accordance with s.54, will operate from 28 November 2025. The nominal expiry date of the Agreement is 1 September 2027.

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