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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied for approval of the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2017 before the Fair Work Commission. The application involved a dispute between the employer and the employees regarding the terms of the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act, and whether the agreement contained terms that were contrary to the public interest or would have an adverse effect on the employees. The Commission considered the nature of the bargaining process, the extent of employee consultation, and the fairness of the terms proposed in the agreement. Additionally, the Commission assessed whether the agreement provided adequate protections for employees and whether it met the standards for genuine enterprise bargaining as outlined in the Act.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement met the procedural requirements and contained terms that were fair and reasonable. The Commission noted the comprehensive process undertaken to consult with employees and the inclusion of provisions that addressed key employee concerns. The terms of the agreement were deemed to be in line with the objectives of the Fair Work Act, and the Commission concluded that the agreement did not pose any significant public interest concerns. Consequently, the Fair Work Commission approved the enterprise 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