Fulton Hogan Industries Pty Ltd Summary

[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

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.

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.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd sought approval of the South Australian Enterprise Agreement 2022. The application was lodged with the Fair Work Commission, which held jurisdiction over the matter. The primary dispute concerned whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the application raised issues regarding the agreement's compliance with the 'better off overall test' and its adherence to the minimum terms and conditions stipulated by the Act.

The Commission examined whether the agreement provided employees with terms and conditions that were at least as good as those provided by the applicable award or safety net. The court considered the financial implications of the proposed agreement and whether it ensured a fair and reasonable outcome for employees. Additionally, the Commission assessed if the agreement contained all the mandatory minimum terms and conditions as outlined in the Fair Work Act 2009.

Upon reviewing the evidence and submissions, the Commission concluded that the enterprise agreement satisfied the better off overall test and included all necessary minimum terms. The Commission found that the agreement provided employees with improved conditions and benefits, thus meeting the statutory requirements. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The Fair Work Commission ordered that the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2022 be approved and registered, effective from the date of the decision. This ruling confirmed the agreement's validity and ensured that it would govern the employment conditions of the relevant employees as per the Fair Work Act 2009.

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