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

[2023] FWCA 1627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2023/1561)

FULTON HOGAN INDUSTRIES PTY LTD

NORTHERN REGION ENTERPRISE AGREEMENT 2023

Asphalt industry
COMMISSIONER DURHAM	BRISBANE, 6 JUNE 2023

Application for approval of the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd, trading as Fulton Hogan Industries Pty Ltd, applied to the Fair Work Commission for approval of the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2023. The applicant is a contractor that provides construction services and is involved in various projects across Australia. The application came before the Fair Work Commission, which is responsible for regulating and approving enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for negotiation and approval.

The Commission examined the procedural fairness of the negotiation process and the terms and conditions of the proposed agreement. The applicant provided evidence of the negotiation process, including details of the meetings and communications between the parties. The Commission found that the negotiation process was procedurally fair and that the agreement was negotiated in good faith. The Commission also considered the terms and conditions of the agreement, including the provisions relating to pay rates, working conditions, and dispute resolution. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions, and that it did not undermine the existing industrial rights and protections of the employees.

The Fair Work Commission approved the Fulton Hogan Industries Pty Ltd Northern Region Enterprise Agreement 2023. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009, and that it provided for fair and reasonable terms and conditions. The Commission also found that the negotiation process was procedurally fair and that the agreement was negotiated in good faith. The approval of the agreement means that it will now apply to the employees covered by the agreement, and will provide for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established