Fulton Hogan Industries Pty Ltd

[2014] FWCA 2616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd
(AG2014/4130)

FULTON HOGAN REGIONAL INFRASTRUCTURE SERVICES AGREEMENT 2014

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 17 APRIL 2014

Application for approval of the Fulton Hogan Regional Infrastructure Services Agreement 2014.

[1] An application for approval of a single-enterprise agreement known as the Fulton Hogan Regional Infrastructure Services Agreement 2014 (the Agreement), has been made pursuant to s.185 of the Fair Work Act 2009 (the Act), by Fulton Hogan Industries Pty Ltd (the Applicant).

[2] 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.

[3] The Australian Workers’ Union, the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2014. The nominal expiry date of the Agreement is 27 September 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied for approval of the Fulton Hogan Regional Infrastructure Services Agreement 2014 under section 94 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Electrical Trades Union of Australia (ETUA). The agreement sought to establish a single enterprise agreement for employees of Fulton Hogan in Queensland, New South Wales, the Australian Capital Territory, and South Australia. The dispute centred on whether the agreement appropriately covered the employees and whether it complied with the legislative requirements.

The court considered several legal issues, including whether the agreement constituted a single enterprise agreement under the Fair Work Act, whether the agreement was genuinely negotiated, and whether it complied with the provisions of the Act. The court examined the application process, the negotiation process, and the content of the agreement, particularly focusing on the terms and conditions it proposed. The court also had to consider whether the agreement provided for a fair and reasonable outcome for the employees.

The court found that the agreement was genuinely negotiated and met the requirements of the Act. It determined that the agreement constituted a single enterprise agreement as it covered multiple states and territories and was negotiated in good faith. The court held that the agreement was not unfair or unreasonable and provided a fair outcome for the employees. As a result, the court approved the agreement. The court issued an order approving the Fulton Hogan Regional Infrastructure Services Agreement 2014, allowing it to be registered and enforced under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established