Fulton Hogan Quarries Pty Ltd

[2019] FWCA 601

[2019] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Quarries Pty Ltd
(AG2018/7368)

FULTON HOGAN QUARRIES PTY. LTD. VICTORIAN QUARRY DIVISION, ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division, Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division, 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 Quarries 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 18 - Public Holidays

•  Clause 19 - Annual leave

•  Clause 31 - Abandonment of employment

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A