Fulton Hogan Industries Pty Limited T/A Fulton Hogan Industries Pty Limited

[2024] FWCA 2975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Limited T/A Fulton Hogan Industries Pty Limited

(AG2024/2880)

FULTON HOGAN METROPOLITAN ROAD SERVICES ENTERPRISE AGREEMENT 2024

Asphalt industry
COMMISSIONER JOHNS	MELBOURNE, 13 AUGUST 2024

Application for approval of the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2024 (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 Industries Pty Limited T/A Fulton Hogan Industries Pty Limited. 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 Australian Workers’ 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 20 August 2024. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Limited T/A Fulton Hogan Industries Pty Limited recently sought approval from the Fair Work Commission for the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2024. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, who raised concerns regarding certain provisions of the agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, and whether it complied with the relevant statutory provisions. Specifically, the Union argued that certain provisions of the agreement were unfair, as they did not provide for adequate consultation and communication between the employer and employees. Additionally, the Union argued that the agreement did not adequately address the issue of casual employment and the potential for casual employees to be unfairly disadvantaged.

In its decision, the Commission found that the agreement was fair and efficient, and met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a robust system of consultation and communication between the employer and employees, and that it contained provisions that addressed the concerns raised by the Union. The Commission also found that the agreement provided for a fair and reasonable system of casual employment, and that it did not disadvantage casual employees. As a result, the Commission approved the agreement, subject to certain modifications to address the concerns raised by the Union.

The Fair Work Commission has approved the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2024, subject to certain modifications. The Union's concerns regarding consultation and communication, as well as casual employment, have been addressed through the modifications. The employer and employees are now bound by the terms of the agreement, which provides for a fair and efficient workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established