Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries

[2014] FWCA 2939

[2014] FWCA 2939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries
(AG2014/748)

FULTON HOGAN INDUSTRIES WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2014

Asphalt industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 MAY 2014

Application for approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Western Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 28 September 2016.

DEPUTY PRESIDENT

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