Fulton Hogan Industries Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd applied for the approval of the Northern Territory Enterprise Agreement 2024. The application was heard by the Fair Work Commission. The nature of the dispute was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues the court was required to decide included whether the proposed agreement met the criteria for being a simplified bargaining agreement, whether it contained the necessary minimum terms and conditions, and whether it was consistent with the Fair Work Act and relevant regulations. The court also needed to consider if the agreement was negotiated in good faith and whether it provided adequate protections for employees.

The court found that the proposed agreement met the criteria for a simplified bargaining agreement, contained the necessary minimum terms and conditions, and was consistent with the Fair Work Act. The court noted that the agreement had been negotiated in good faith and provided adequate protections for employees. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Northern Territory Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and binding on the parties from the date of the decision.

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