Fulton Hogan Industries Pty Ltd

[2023] FWCA 69

[2023] FWCA 69

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd

(AG2022/5145)

FULTON HOGAN INDUSTRIES PTY LTD SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2022

Asphalt industry
COMMISSIONER SIMPSON	BRISBANE, 11 JANUARY 2023

Application for approval of the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2022 (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.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Workers’ Union (AWU) and Transport Workers’ Union of Australia (TWU) both lodged a Form F18 statutory declaration giving 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 AWU and TWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE518821  PR749506>