DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2019/3592)

FULTON HOGAN INDUSTRIES PTY LTD NSW ENTERPRISE AGREEMENT 2019-2021

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Fulton Hogan Industries Pty Ltd NSW Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd NSW Enterprise Agreement 2019-2021 (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] 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 22 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied for approval of the Enterprise Agreement, which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission (FWC) heard the application. The dispute centred around whether the agreement complied with the Fair Work Act 2009. The FWC was required to decide if the agreement met the requirements of the Act, particularly the provisions concerning its coverage, the process by which it was made, and its contents.

The FWC first examined whether the agreement had been made in accordance with the Act, including whether it was made free from any improper influence or pressure. The FWC considered evidence provided by the parties and found that the agreement had been made without any coercion or undue influence. The FWC also considered whether the agreement covered the appropriate employees and whether the terms were fair and reasonable. The FWC found that the agreement was comprehensive and that its terms were fair and reasonable, given the context of the industry and the negotiations between the parties.

After reviewing all the evidence and arguments presented, the FWC approved the agreement. The FWC found that the agreement met all the necessary requirements under the Act and was in the best interests of the employees. The FWC approved the agreement, which will now be binding on the parties for the period specified. The approval ensures that the agreement will be enforceable and that the terms will apply to the relevant employees.

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