Fulton Hogan Industries Pty Ltd

[2020] FWCA 6851

[2020] FWCA 6851

The attached document replaces the document previously issued with the above code on 17 December 2020.

Corrected typographical error in title of agreement.

Associate to Commissioner Cirkovic

Dated 18 December 2020

[2020] FWCA 6851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2020/3402)

FULTON HOGAN REGIONAL INFRASTRUCTURE SERVICES AGREEMENT 2020

Asphalt industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Fulton Hogan Regional Infrastructure Services Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Regional Infrastructure Services Agreement 2020 (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 Industrial 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 17 December 2020 and, in accordance with s.54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 27 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509854  PR725571>

Annexure A: