DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Quarries Pty Ltd
(AG2017/5177)

FULTON HOGAN NORTHERN REGION QUARRY DIVISION ENTERPRISE AGREEMENT 2017

Quarrying industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2017 (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 Applicant 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Fulton Hogan Quarries Pty Ltd, which applied to the Fair Work Commission for the approval of the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2017. The dispute centred on the terms and conditions of employment for the workers in the quarry division and the process for approving the enterprise agreement. The Fair Work Commission, under the Fair Work Act 2009, was the court that heard the application.

The primary legal issue before the Commission was whether the agreement met the legal criteria for approval under the Act. Specifically, the Commission had to determine if the agreement had been made in good faith, if it complied with the procedural requirements, and if it was fair and reasonable. The Commission also needed to consider whether the agreement provided for the proper management and administration of the workplace.

In reaching its decision, the Commission considered the evidence presented and the submissions made by the parties. It examined the bargaining process, the content of the agreement, and the impact of the agreement on the workers. The Commission found that the agreement had been made in good faith and that it complied with the procedural requirements. It also found that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment. The Commission was satisfied that the agreement provided for the proper management and administration of the workplace and approved the agreement.

The Fair Work Commission approved the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2017. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Registrar of the Fair Work Commission. The decision provides guidance on the legal criteria for approving enterprise agreements and the process for doing so. It also highlights the importance of good faith bargaining and the need for agreements to be fair and reasonable.

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