Fulton Hogan Industries Pty Ltd

[2016] FWCA 1140

[2016] FWCA 1140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2015/7156)

FULTON HOGAN INDUSTRIES PTY LTD (54 000 538 689) NSW STATE COLLECTIVE AGREEMENT 2015

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Fulton Hogan Industries Pty Ltd (54 000 538 689) NSW State Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd (54 000 538 689) NSW State Collective Agreement 2015 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian 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.

[6] The Agreement was approved on 23 February 2016 and, in accordance with s.54, will operate from 1 March 2016. The nominal expiry date of the Agreement is 22 February 2019.

COMMISSIONER

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ANNEXURE A