DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2017/1948)

FULTON HOGAN INDUSTRIES PTY LTD NORTHERN REGION ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 21 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Northern Region 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied to the Fair Work Commission for approval of the 2017 Northern Region Enterprise Agreement. The application was opposed by the Building and Construction Trades Union. The nature of the dispute was whether the agreement complied with the Fair Work Act 2009 and its relevant regulations. The Fair Work Commission heard the matter and considered whether the agreement met the criteria for approval, including provisions for minimum rates of pay, penalties for unauthorised industrial action, and other terms and conditions of employment.

The court needed to decide if the agreement complied with the statutory requirements, particularly focusing on whether the minimum rates of pay were consistent with the Fair Work Act, and if the agreement contained all necessary terms and conditions. Additionally, the court examined if the agreement adhered to the lawful terms and conditions and if it appropriately covered the required aspects of employment.

In its decision, the Fair Work Commission determined that the agreement met all the statutory requirements for approval. The court found that the minimum rates of pay were in line with the provisions of the Fair Work Act, and that the agreement contained all necessary terms and conditions. The commission concluded that the agreement was compliant and lawful, and thus approved it. The court found that the applicant had demonstrated that the agreement was appropriate for the workforce and met all legislative requirements.

The Fair Work Commission approved the 2017 Northern Region Enterprise Agreement, subject to specific conditions and the agreement entering into force on the date of the commission's approval. The decision was made on the basis that the agreement was fair, lawful, and met all necessary statutory requirements.

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