Application for approval of the FHE Enterprise Agreement 2024 - M&E Technicians (Electrical) and M&E Technicians (Fire)

[1] Fulton Hogan Egis O&M Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the FHE Enterprise Agreement 2024 - M&E Technicians (Electrical) and M&E Technicians (Fire) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 July 2024 and the Agreement was made on 30 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

[3] The NERR contained a different Agreement title to the final Agreement, being the 'Fulton Hogan Egis O&M Pty Ltd and ETU, WestConnex Enterprise Agreement 2024'. The Employer provided submissions that this matter constituted a minor technical error.

[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[5] The employer 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.

[6] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[8] In accordance with s.201(2), I note that the Agreement covers the CEPU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2025. The nominal expiry date of the Agreement is 7 August 2028.

[1] [2019] FWCFB 318.

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