ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application by Construction, Forestry, Mining and Energy Union (CFMEU) pursuant to s.739 FW Act regarding arrangements for subcontractors of Fulton Hogan Construction (Fulton) and other matters raised during proceedings – parties covered by Fulton Hogan Eastern Construction (NSW Civil Projects) Enterprise Agreement 2016 (the Agreement) – clause 59 of Agreement regulates use of subcontractors and labour hire – CFMEU submitted Fulton had not complied with obligations of clauses 6, 59 and 61 of Agreement, including payments and conditions of employment, superannuation, workers’ compensation premiums for subcontractor employees and workplace safety-related issues – submitted that subcontractors not strictly vetted and Fulton not properly adhering to matters involving its use of subcontractors – sought orders from the Commission – Fulton submitted procedures in place and steps taken when issues and potential issues raised – submitted application should be dismissed as Commission could not be satisfied that dispute or relief sought pertained to the relationship between Fulton and its employees – submitted grant of relief sought by CFMEU was prohibited by clause 48(f), concerning building code and legislative obligation consistencies and was unwarranted – submitted relief sought should be rejected on discretionary grounds due to risk of contravention of building codes and loss of government-funded work – submitted no evidence to support allegations – submitted that compliance regimen was effective and any actual noncompliance dealt with appropriately – submitted that CFMEU had not sought to establish a consultative committee under clause 47 to deal with its concerns – submitted any Commission determination would undermine purpose of clause 59 and relief sought would give rise to potential breaches of privacy and commercial confidentiality – Commission noted Fulton had procedures and practices to give effect to its obligations under NSW and federal construction codes – not satisfied that there has been systemic failings by Fulton although there is substance to some concerns raised by CFMEU about specific subcontractors – not satisfied proper foundation to grant relief sought by CFMEU – recommended that committee mechanism as raised by Fulton be utilised and co-ordinated by a person with knowledge of matter from start to finish – held CFMEU application could not nor should not be granted – application dismissed. CFMEU v Fulton Hogan Construction P/L
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