DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2020/1794)

FULTON HOGAN INDUSTRIES WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 JULY 2020

Application for approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2019.

[1] Fulton Hogan Industries Pty Ltd has made an application for the approval of an enterprise agreement known as the Fulton Hogan Industries Western Australia Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 22 July 2020 and, in accordance with s 54, will operate from 29 July 2020. The nominal expiry date of the Agreement is 28 September 2022.

DEPUTY PRESIDENT

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 approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement failed to provide adequate protections for employees. The Fair Work Commission was required to consider whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and provisions for redundancy and termination. However, the Commission also noted that the agreement did not include provisions for shift loadings or penalty rates for Sunday work, which the union argued were necessary to protect employees from exploitation. The Commission ultimately found that, while the agreement did not include all of the protections that the union had sought, it did provide a fair and reasonable outcome for employees overall.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission emphasised that the agreement provided a range of protections for employees and that the absence of certain provisions did not necessarily mean that the agreement was unfair or unreasonable. The Commission also noted that the agreement had been negotiated in good faith and reflected the views of both parties.

The Fair Work Commission approved the Fulton Hogan Industries Western Australia Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission emphasised that the agreement provided a range of protections for employees and that the absence of certain provisions did not necessarily mean that the agreement was unfair or unreasonable. The Commission also noted that the agreement had been negotiated in good faith and reflected the views of both parties. The union's opposition to the agreement was dismissed.

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