DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2021/6150)

FULTON HOGAN INDUSTRIES PTY LTD NORTHERN REGION ENTERPRISE AGREEMENT 2021

Asphalt industry
COMMISSIONER JOHNS	SYDNEY, 30 JULY 2021

Application for approval of the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2021 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 20 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied to the Fair Work Commission for the approval of the Northern Region Enterprise Agreement 2021. The application was contested by various unions representing employees within the company. The central issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval, particularly focusing on whether the agreement provided for the appropriate terms and conditions of employment, including pay rates, working conditions, and dispute resolution mechanisms, in line with the Fair Work Act 2009.

The Commission examined the provisions of the proposed agreement to ensure that it complied with the statutory requirements. This included assessing whether the agreement was made in good faith and whether it met the 'better off overall test', ensuring that no employee would be worse off overall due to the agreement. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring fair and timely resolution of any issues that may arise. After a thorough analysis of the agreement and the submissions from the parties involved, the Commission determined that the proposed agreement met the necessary criteria for approval. The agreement was found to be fair and balanced, providing appropriate protections and benefits for employees while also meeting the business needs of the employer.

The Fair Work Commission approved the Northern Region Enterprise Agreement 2021, subject to certain conditions. These conditions included the requirement for the parties to notify the Commission of any changes to the agreement within the specified timeframes and to provide regular reports on the implementation and operation of the agreement. The approval of the agreement was a significant step forward in ensuring fair and equitable terms and conditions of employment for the employees of Fulton Hogan Industries Pty Ltd in the Northern Region.

Fulton Hogan Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established