Fulton Hogan Industries Pty Ltd

Case [2022] FWCA 3853

[2022] FWCA 3853

The attached document wholly replaces the document previously issued with the document code [2022] FWC 2909 on 31 October 2022 to correct document referencing.

Dated 2 November 2022

[2022] FWCA 3853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Industries Pty Ltd

(AG2022/4354)

Fulton Hogan Industries Pty Ltd NSW EnterpriseAgreement 2022

Asphalt industry

COMMISSIONER WILSON

MELBOURNE, 2 NOVEMBER 2022

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

  1. An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd NSW 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 Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 22 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518019  PR747572>

Annexure A

Details
AGLC
Fulton Hogan Industries Pty Ltd [2022] FWCA 3853
Case
[2022] FWCA 3853
Decision Date

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd, an employer, and United Voice, a union representing workers, sought approval of their 2022 enterprise agreement from the Fair Work Commission. The application involved various aspects of employment conditions, including wages, hours of work, and other terms and conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the interests of the employees.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, if it included minimum entitlements as required by law, and if it was made in good faith and without coercion. The Commission also considered if the agreement adequately protected the interests of employees and complied with the process for making an enterprise agreement as outlined in the Fair Work Act.

The Fair Work Commission approved the application, finding that the agreement met all statutory requirements and was in the interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum entitlements, and that the process for making the agreement was conducted in good faith and without coercion. The agreement was found to adequately protect the interests of employees and to comply with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Fulton Hogan Industries Pty Ltd NSW Enterprise Agreement 2022, confirming its compliance with the statutory requirements and its suitability for the employees. This decision provides certainty for both the employer and the union regarding the terms and conditions of employment for the workers covered by the agreement.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.