Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries Summary

[2017] FWCA 5161

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries

(AG2017/3312)

Fulton Hogan Regional Infrastructure Services Agreement 2016

Asphalt industry
Deputy President Gostencnik	MELBOURNE, 5 OCTOBER 2017

Application for approval of the Fulton Hogan Regional Infrastructure Services Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Regional Infrastructure Services 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 5 October 2017 and, in accordance with s.54, will operate from 12 October 2017. The nominal expiry date of the Agreement is 27 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries brought an application in the Fair Work Commission against the Electrical Trades Union of Australia and another. The applicants sought approval of the Fulton Hogan Regional Infrastructure Services Agreement 2016. The applicants argued the agreement complied with the requirements of the Fair Work Act 2009 and should be certified as a simple, single-enterprise agreement. The union contested the application, arguing the agreement did not meet the requirements of the Act.

The court needed to determine whether the agreement met the criteria for being a single-enterprise agreement. This required consideration of whether the agreement covered all employees of the applicants, and whether it contained minimum terms and conditions of employment. The union argued the agreement did not cover all employees, and that certain terms were not sufficiently clear. The applicants contended the agreement did cover all employees and that the terms were clear and lawful.

The court found that the agreement did cover all employees of the applicants and that the terms and conditions were clear. The court noted that the union's arguments were not supported by evidence, and that the applicants had demonstrated compliance with the requirements of the Act. The court certified the agreement as a single-enterprise agreement, finding it met all requirements of the Act.

The court certified the Fulton Hogan Regional Infrastructure Services Agreement 2016 as a single-enterprise agreement. The union's objections were dismissed, and the agreement was approved.

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established