Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Fulton Hogan Industries Pty Ltd, trading as Fulton Hogan Industries, applied to the Fair Work Commission for the approval of the Fulton Hogan Industries Western Australia Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, who raised concerns about various provisions within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved the examination of the agreement's compliance with the Act, particularly focusing on whether it satisfied the criteria for a "modern award" and whether it had been fairly and independently negotiated. The Commission needed to assess if the agreement provided appropriate protections for employees and if it complied with the procedural requirements outlined in the legislation. The Commission also considered the implications of the agreement on employee rights and the overall fairness of the terms proposed.

In its decision, the Fair Work Commission found that the Fulton Hogan Industries Western Australia Enterprise Agreement 2014 met the necessary criteria for approval. The Commission concluded that the agreement was a genuine modern award, providing adequate protections for employees and addressing various employment conditions. The Commission was satisfied that the agreement had been fairly and independently negotiated, and it met the statutory requirements set out in the Fair Work Act 2009. As a result, the application for approval was granted, and the agreement was approved as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established