DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2015/4486)

FULTON HOGAN INDUSTRIES PTY LTD - QUEENSLAND DIVISION ENTERPRISE AGREEMENT 2015

Asphalt industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 SEPTEMBER 2015

Application for approval of the Fulton Hogan Industries Pty Ltd - Queensland Division Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 August 2015 by Fulton Hogan Industries Pty Ltd for the approval of a single-enterprise agreement known as the Fulton Hogan Industries Pty Ltd - Queensland Division Enterprise Agreement 2015(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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 Queensland Division Enterprise Agreement 2015. The applicant sought to have the agreement registered as a modern award. The dispute involved various unions and employee representatives who opposed the application on the grounds that the agreement did not meet the legal requirements for approval.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, and whether it complied with the relevant provisions of the Fair Work Act 2009. Key considerations included the process by which the agreement was negotiated and the content of the agreement itself. The Commission needed to assess if the agreement was made in good faith, whether it covered the correct bargaining unit, and if it included the necessary minimum terms and conditions as mandated by the Act.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and was made in accordance with the statutory requirements. The Commission noted that the negotiation process was conducted in good faith, and the agreement covered the correct bargaining unit. Additionally, the agreement contained all the necessary minimum terms and conditions as stipulated by the Act. Therefore, the application for approval was successful. The Commission approved the agreement, which will now serve as a modern award for the Queensland Division of Fulton Hogan Industries Pty Ltd.

In conclusion, the Commission ordered that the Fulton Hogan Industries Pty Ltd - Queensland Division Enterprise Agreement 2015 be approved and registered as a modern award. This decision ensures that the agreement will be legally binding on the parties involved and will govern the terms and conditions of employment for the relevant employees.

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