Fulton Hogan Industries Pty Ltd
[2023] FWCA 2310
•27 JULY 2023
| [2023] FWCA 2310 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fulton Hogan Industries Pty Ltd
(AG2023/2280)
FULTON HOGAN INDUSTRIES WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2022
| Asphalt industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 27 JULY 2023 |
Application for approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Western Australia Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Fulton Hogan Industries Pty Ltd (Employer). The Agreement is a single-enterprise agreement.
The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the 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 have had regard to each of the matters in s 193A(2)-(6), and I observe no views were expressed for the purposes of s 193A(6A).
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 August 2023. The nominal expiry date of the Agreement is 27 July 2026.
DEPUTY PRESIDENT
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.
[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023
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