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

[2024] FWCA 124

[2024] FWCA 124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/5318)

FULTON HOGAN REGIONAL INFRASTRUCTURE SERVICES AGREEMENT 2022

Asphalt industry
COMMISSIONER YILMAZ	MELBOURNE, 11 JANUARY 2024

Application for approval of the Fulton Hogan Regional Infrastructure Services Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Fulton Hogan Regional Infrastructure Services Agreement 2022 (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.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement, such as those concerning parental leave and withholding monies at termination, are likely to be inconsistent with the National Employment Standards (NES). However, noting paragraph 1 of the undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

2. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 18 January 2024. The nominal expiry date of the Agreement is 27 September 2025.

COMMISSIONER

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Annexure A