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

[2023] FWCA 1337

[2023] FWCA 1337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1156)

FULTON HOGAN INDUSTRIES TASMANIAN ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 10 MAY 2023

Application for approval of the Fulton Hogan Industries Tasmanian Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Tasmanian Enterprise 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. 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 as are relevant to this application for approval have been met.

1. 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. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 13(2)(b) – Notice Periods on Termination of Employment;

·   Clause 25(2) – Hours of Work;

·   Clause 34 - Public Holidays; and

·   Clause 37 - Compassionate Leave.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519974  PR761779>

Annexure A