Fulton Hogan Industries Pty Ltd

[2022] FWC 2909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd

(AG2022/4354)

Fulton Hogan Industries Pty Ltd NSW EnterpriseAgreement 2022

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 31 OCTOBER 2022

Application for approval of the Fulton Hogan Industries Pty Ltd NSW Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd NSW 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 Ltd. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 7 November 2022. The nominal expiry date of the Agreement is 22 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Fulton Hogan Industries Pty Ltd, sought approval of its Enterprise Agreement with its employees in New South Wales. The applicant sought approval from the Fair Work Commission under section 235 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements of the Act, including that it facilitated the improvement of productivity and efficiency in the workplace and that it was free of any provisions that would have an adverse effect on employees. The dispute arose because a number of unions and other interested parties had lodged objections to the approval of the agreement, arguing that it did not meet the requirements of the Act and that it would have an adverse effect on employees.

The Fair Work Commission was required to determine whether the agreement met the requirements of the Act, including whether it facilitated the improvement of productivity and efficiency in the workplace and whether it was free of any provisions that would have an adverse effect on employees. The Commission was also required to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes and whether it provided for appropriate protections for employees. The Commission was required to give weight to the views of the parties and to consider the overall fairness of the agreement.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission found that the agreement facilitated the improvement of productivity and efficiency in the workplace and that it was free of any provisions that would have an adverse effect on employees. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that it provided for appropriate protections for employees. The Commission gave weight to the views of the parties and found that the agreement was overall fair.

The Fair Work Commission approved the agreement. The applicant was granted leave to make the agreement and the agreement was registered as the Fulton Hogan Industries Pty Ltd NSW Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established