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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fulton Hogan Quarries Pty Ltd applied to the Fair Work Commission for approval of their 2019 Enterprise Agreement. The applicants were represented by counsel and argued that the agreement was fair and reasonable, meeting the statutory requirements under the Fair Work Act 2009. The respondents, who included various employee representatives, contested the application, asserting that the agreement did not adequately address certain conditions of employment and was not made in a proper manner.

The primary legal issue before the Commission was whether the agreement met the criteria for being deemed "fair and reasonable" under section 232 of the Fair Work Act. This required an analysis of the agreement's content and the process by which it was made, including whether there was genuine bargaining and adequate consultation. The Commission also had to determine if the agreement satisfied the "better off overall test," ensuring that employees were not worse off financially.

The Commission examined the evidence presented and found that the agreement contained terms that were fair and reasonable, addressing the needs of both the employer and employees. The process of negotiation was deemed genuine, with appropriate consultation and bargaining. The Commission concluded that the agreement met the statutory requirements for approval and passed the better off overall test. Consequently, the application was approved, and the 2019 Enterprise Agreement was registered.

The final orders included the approval of the 2019 Enterprise Agreement and its registration with the Fair Work Commission. This decision ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and employees.

Fulton Hogan Quarries 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