Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries

[2017] FWCA 6230

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries

(AG2017/5346)

Fulton Hogan Metropolitan Road Services Enterprise Agreement 2016

Cement and concrete products
Commissioner Cirkovic	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2016 (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 T/A Fulton Hogan Industries. The Agreement is a single enterprise agreement.

The Applicant 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 December. The nominal expiry date of the Agreement is 27 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries applied to the Fair Work Commission for the approval of the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2016. The applicant sought an approval of the proposed agreement that had been negotiated with certain unions. The nature of the dispute involved the terms and conditions of employment for employees within the metropolitan road services sector, and the application was heard by the Fair Work Commission.

The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the coverage of employees, the process by which the agreement was made, and whether the agreement was in the best interests of the employees. Additionally, the Commission had to consider if the agreement complied with the provisions for good faith bargaining and if it provided fair and reasonable terms for the employees involved.

In determining the application, the Fair Work Commission examined the procedural fairness of the agreement, the fairness of the terms, and the overall compliance with the legislative framework. The Commission found that the agreement had been made in good faith, was fair and reasonable, and met the requirements of the Fair Work Act. The Commission also noted that the agreement provided for a fair and effective resolution of employment issues and was in the best interests of the employees. Consequently, the Commission approved the agreement as meeting the necessary criteria under the Act.

The Fair Work Commission approved the Fulton Hogan Metropolitan Road Services Enterprise Agreement 2016, deeming it to be compliant with the Fair Work Act 2009. The Commission found that the agreement had been negotiated in good faith, was fair and reasonable, and met the statutory requirements. The decision effectively formalised the terms and conditions of employment for the employees covered by the agreement, providing a legal framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established