Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Quarries

[2013] FWCA 10122

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Quarries
(AG2013/12026)

FULTON HOGAN VICTORIAN QUARRY DIVISION ENTERPRISE AGREEMENT 2014

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 11 MARCH 2014

Application for approval of the Fulton Hogan Victorian Quarry Division Enterprise Agreement 2014.

[1] The Enterprise Agreement Decision issued by the Fair Work Commission on 20 December 2013 with the code [2013] FWCA 10122 [PR546217] is in error.

[2] The Applicant employer for the purposes of the Fulton Hogan Victorian Quarry Division Enterprise Agreement 2014 (the Agreement) should properly be referred to as Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Quarries.

[3] Accordingly, the decision is corrected by amending the sentence in paragraph [1] that reads as “The application has been made by Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries (Fulton Hogan)” to state instead “The application has been made by Fulton Hogan Construction Pty Ltd T/A Fulton Hogan Quarries (Fulton Hogan)”.

COMMISSIONER

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CaseChat Overview and Summary

Fulton Hogan Construction Pty Ltd, trading as Fulton Hogan Quarries, brought an application before the Fair Work Commission seeking approval of the Fulton Hogan Victorian Quarry Division Enterprise Agreement 2014. The application arose from the company's desire to implement changes to the terms and conditions of employment for its employees covered by the proposed enterprise agreement. The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009, and whether the agreement had been made in good faith and without coercion.

The Commission examined the process by which the agreement was negotiated and whether it complied with the procedural fairness requirements. Key considerations included the nature of the negotiations, the timing and manner in which the agreement was presented to the employees, and whether the agreement provided for adequate consultation and representation of the employees' interests. The Commission also assessed whether the agreement contained terms that were fair and reasonable in all respects, including those relating to wages, conditions of employment, and dispute resolution mechanisms. The company argued that the proposed agreement was beneficial for both the employees and the business, while the employees' representatives contended that certain terms were unfavourable and did not accurately reflect the bargaining outcomes.

The Commission concluded that the proposed agreement met the statutory criteria for approval. It found that the negotiation process was conducted in good faith, with adequate consultation and representation of the employees' interests. The Commission also determined that the agreement contained fair and reasonable terms, including provisions for wages, conditions of employment, and dispute resolution. The Commission approved the application, thereby authorising the implementation of the Fulton Hogan Victorian Quarry Division Enterprise Agreement 2014. The Commission's decision was based on the comprehensive evidence presented and its satisfaction that the agreement complied with all relevant legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established