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

Case

[2014] FWCA 3992

18 JUNE 2014

No judgment structure available for this case.

[2014] FWCA 3992

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
(AG2014/6247)

FULTON HOGAN INDUSTRIES PTY LTD SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2013

Asphalt industry

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

ADELAIDE, 18 JUNE 2014

Application for approval of the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2013 (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 Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

    “1. Nominal Expiry Date - That the nominal Expiry date is taken to be 1st December 2016”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] The Transport Workers’ Union of Australia (TWU), 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2014. The nominal expiry date of the Agreement is 1 December 2016.

SENIOR DEPUTY PRESIDENT

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