DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2017/2105)

FULTON HOGAN INDUSTRIES WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2017

Application for approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Western Australia Enterprise Agreement 2016 (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 Transport 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 28 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied to the Fair Work Commission for the approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2016. The applicant is a major road construction and civil contracting company, while the respondents include various unions representing the employees. The dispute concerns the terms and conditions of employment under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it was genuinely negotiated in accordance with the Fair Work Act 2009. The Commission examined the process by which the agreement was negotiated and whether the parties had genuinely bargained without coercion or duress. Additionally, the Commission assessed whether the agreement's provisions aligned with the principles of fairness and reasonableness, considering the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and met the statutory requirements for approval. The Commission noted the thorough and transparent process undertaken by the parties in reaching the agreement, and found that there was no evidence of coercion or duress. Furthermore, the Commission considered the provisions of the agreement to be fair and reasonable, balancing the interests of both the employer and the employees. The Commission approved the Fulton Hogan Industries Western Australia Enterprise Agreement 2016, recognising its compliance with the legislative framework and its potential to promote harmonious workplace relations.

The Fair Work Commission's decision provides a clear example of the process and criteria it applies in approving enterprise agreements. By emphasising the importance of genuine negotiation and fair terms, the decision reinforces the principles underpinning the Fair Work Act 2009. The approval of this agreement is likely to have implications for similar agreements in the construction industry, highlighting the Commission's commitment to ensuring that workplace agreements are both fair and effectively negotiated.

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