Fulton Hogan Industries Pty Ltd Summary

[2013] FWCA 8841

FAIR WORK COMMISSION

DECISION

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

Fulton Hogan Industries Pty Ltd
(AG2013/9768)

FULTON HOGAN INDUSTRIES PTY LTD QUEENSLAND DIVISION ENTERPRISE AGREEMENT 2013

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 11 NOVEMBER 2013

Application for approval of the Fulton Hogan Industries Pty Ltd Queensland Division Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Queensland Division Enterprise Agreement 2013 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (AWU) and the Transport Workers’ Union of Australia (TWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] Fair Work Commission received correspondence dated 11 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd, an entity involved in civil construction, brought an application to the Fair Work Commission seeking approval of the Fulton Hogan Industries Pty Ltd Queensland Division Enterprise Agreement 2013. The dispute centred on whether the agreement complied with the relevant legislative provisions and if it was in the best interests of the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement contained all the required terms as outlined in the Act and whether it passed the ‘better off overall test’. This test required that employees be no worse off financially and at least as well off in terms of conditions compared to their previous entitlements. Additionally, the Commission had to consider whether the agreement complied with procedural requirements, such as proper notice and consultation with employees.

The Commission found that the agreement did indeed contain all the necessary terms and met the better off overall test, ensuring employees were not disadvantaged. The process of consultation and notice was also found to be adequate. Consequently, the Commission approved the agreement, determining that it was fair and in the best interests of the employees. This decision was grounded on the thorough evidence presented regarding the negotiation process and the benefits to employees, which justified the approval under the legislative framework.

Fulton Hogan Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established