DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2020/1688)

FULTON HOGAN INDUSTRIES PTY LTD NORTHERN REGION ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 JULY 2020

Application for variation of the FULTON HOGAN INDUSTRIES PTY LTD NORTHERN REGION ENTERPRISE AGREEMENT 2017.

[1] An application has been made for approval of a variation to the FULTON HOGAN INDUSTRIES PTY LTD NORTHERN REGION ENTERPRISE AGREEMENT 2017 (the Agreement). The application was made by Fulton Hogan Industries Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
21 June 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 01 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied to the Fair Work Commission for a variation of the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2017. The applicant sought changes to the agreement to accommodate the introduction of new technology and operational changes within the company, arguing these changes were necessary to maintain competitiveness and efficiency. The application was opposed by the union representing the employees, who argued that the proposed changes would negatively impact employee conditions and job security.

The legal issues before the Commission centred on whether the proposed changes constituted a 'good faith' variation under the Fair Work Act 2009, and whether the changes were necessary to accommodate significant economic, technological, or structural change. The Commission had to determine if the applicant had demonstrated a genuine need for the changes and if the changes were fair and reasonable, taking into account the interests of both the employer and the employees.

The Commission found that the applicant had provided sufficient evidence to demonstrate significant changes in the business environment and operational practices that necessitated the proposed changes. The Commission concluded that the changes were in good faith and necessary to adapt to the new business realities. The proposed changes were deemed fair and reasonable, as they balanced the interests of the employer in maintaining competitiveness with the need to protect employee conditions. The application was thus approved, and the Enterprise Agreement was varied accordingly.

The Fair Work Commission granted the application, allowing the proposed changes to the Enterprise Agreement to take effect. The new provisions included adjustments to work hours, the introduction of new technology, and changes to employee responsibilities. The decision was based on the balance of the interests of both parties and the necessity of the changes to respond to significant economic and technological changes within the industry.

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