DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Industries Pty Ltd T/A Venarchie, A Division of Fulton Hogan Industries Pty Ltd
(AG2019/4742)

VENARCHIE ENTERPRISE AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Venarchie Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Venarchie Enterprise Agreement 2019 (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 T/A Venarchie, A Division of Fulton Hogan Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Industries Pty Ltd T/A Venarchie, a division of Fulton Hogan Industries Pty Ltd, applied for approval of the Venarchie Enterprise Agreement 2019. The application was made under section 230 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission (FWC). The applicant argued that the proposed agreement should be approved as it met the criteria set out in the legislation, including that it provided for fair and reasonable terms and conditions.

The central legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable, taking into account the requirements of the Fair Work Act 2009 and the principles of good faith bargaining. The Commission considered various factors, including the impact of the agreement on the employees' terms and conditions, the bargaining process, and any relevant industry benchmarks. The applicant had to demonstrate that the agreement was the product of genuine and voluntary bargaining and provided for fair and reasonable terms and conditions.

The FWC found that the applicant had discharged its burden of proving that the agreement was the product of genuine and voluntary bargaining. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, taking into account the relevant factors. The Commission also noted that the agreement had been negotiated in good faith and that there were no significant departures from relevant industry benchmarks. The application for approval was therefore successful.

The Fair Work Commission approved the Venarchie Enterprise Agreement 2019 as a registered agreement under section 173 of the Fair Work Act 2009. The agreement will now apply to the relevant employees, and the terms and conditions set out in the agreement will be binding on both the employer and the employees. The approval of the agreement is an important step in ensuring that the employees of Fulton Hogan Industries Pty Ltd T/A Venarchie, a division of Fulton Hogan Industries Pty Ltd, are provided with fair and reasonable terms and conditions of employment.

Fulton Hogan Industries Pty Ltd T/A Venarchie, A Division of Fulton Hogan Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established