DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2017/6342)

FULTON HOGAN INDUSTRIES PTY LTD NORTHERN TERRITORY ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 30 APRIL 2018

Application for approval of the Fulton Hogan Industries Pty Ltd Northern Territory Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Northern Territory Enterprise Agreement 2017 (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 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] 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Fulton Hogan Industries Pty Ltd for the approval of the Fulton Hogan Industries Pty Ltd Northern Territory Enterprise Agreement 2017. The application was brought pursuant to the Fair Work Act 2009, and the dispute involved the procedural fairness and the appropriateness of the agreement in light of the legal standards and principles. The application was heard in the Fair Work Commission, presided over by Deputy President J M S Carroll.

The primary legal issues before the court were whether the necessary procedural fairness had been observed during the agreement's negotiation and whether the agreement itself complied with the statutory requirements outlined in the Fair Work Act. This included examining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the broader objectives of the Act to promote cooperative workplace relations and economic prosperity. The court also considered the balance of interests between the parties and the implications for employees' rights and employer flexibility.

The court determined that the necessary procedural fairness had been upheld during the negotiation process, and that the agreement met the statutory requirements for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the broader objectives of the Fair Work Act. The Deputy President noted that the agreement provided for reasonable protections for employees, while also allowing for flexibility in the workplace. Consequently, the court approved the agreement, finding that it was in the best interests of all parties involved.

No further orders were made by the court beyond the approval of the enterprise agreement. This decision confirmed the validity and enforceability of the Fulton Hogan Industries Pty Ltd Northern Territory Enterprise Agreement 2017, subject to the terms and conditions set out in the agreement.

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