Fulton Hogan Industries Pty Ltd
[2022] FWCA 3323
•26 SEPTEMBER 2022
| [2022] FWCA 3323 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fulton Hogan Industries Pty Ltd
(AG2022/3819)
Fulton Hogan Sydney Airport Maintenance Enterprise Agreement 2022
| Airport operations | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 26 SEPTEMBER 2022 |
Application for approval of the Fulton Hogan Sydney Airport Maintenance Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Fulton Hogan Sydney Airport Maintenance 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.
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 note that the provisions at clause 27 (Community Service Leave) and clause 31.1 (Ending employment by notice) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 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.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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2022. The nominal expiry date of the Agreement is 1 April 2025.
DEPUTY PRESIDENT
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