Fulton Hogan Industries Pty Ltd

[2017] FWCA 5039

[2017] FWCA 5039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2017/3149)

FULTON HOGAN INDUSTRIES PTY LTD SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2017

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd South Australian 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, 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.

[4] The Transport Workers’ Union of Australia SA/NT Branch 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 Agreement covers the organisation.

[5] The Agreement was approved on 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 1 December 2019.

DEPUTY PRESIDENT

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Annexure A