Fulton Hogan Industries Pty Ltd

[2020] FWCA 3741

[2020] FWCA 3741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2020/1385)

FULTON HOGAN METROPOLITAN ROAD ASSET MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2020

Application for approval of the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Metropolitan Road Asset Maintenance Services Enterprise Agreement 2018 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fulton Hogan Industries Pty Ltd (Employer). 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] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] Pursuant to subsection 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 26 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508528  PR721043>

Annexure A