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

[2020] FWCA 3054

[2020] FWCA 3054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries Pty Ltd
(AG2020/1359)

FULTON HOGAN INDUSTRIES PTY LTD SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER PLATT	ADELAIDE, 12 JUNE 2020

Application for approval of the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fulton Hogan Industries Pty Ltd T/A Fulton Hogan Industries Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 May 2020.

[3] On 3 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 June 2020. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The Agreement will be read and interpreted in conjunction with the Asphalt Industry Award 2010 (the Award) and where there is an inconsistency between the Agreement and the Award, the Agreement will apply to the extent of the inconsistency.

•  An all purpose casual loading of 25% will be paid in lieu of the 20% loading.

•  In relation to clause 18(v), new employees will be classified in the New Entry level and will remain at this level for no more than three months, during which time an assessment will be carried out on their capabilities and competencies.

•  In relation to clause 28.3, a seven day shift worker (as defined) will accrue annual leave in accordance with s.87(1)(b) of the Act.

•  The Applicant will apply the following rates for an employee engaged in the following classifications:

•  Night Work is defined as any shift commencing at or after 5.00pm and before 5.00am.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2022.

COMMISSIONER

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