Fulton Hogan Industries Pty Ltd
[2025] FWCA 7
•2 JANUARY 2025
| [2025] FWCA 7 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fulton Hogan Industries Pty Ltd
(AG2024/4841)
FULTON HOGAN INDUSTRIES PTY LTD NORTHERN TERRITORY ENTERPRISE AGREEMENT 2024
| Asphalt industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 2 JANUARY 2025 |
Application for approval of the Fulton Hogan Industries Pty Ltd Northern Territory Enterprise Agreement 2024
Fulton Hogan Industries Pty Ltd has applied for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Northern Territory Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· 25, 29(iii), 30, 34.6
However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Asphalt Industry Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 January 2024. The nominal expiry date of the Agreement is 1 December 2027.
DEPUTY PRESIDENT
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