DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Quarries Pty Ltd
(AG2015/7563)

FULTON HOGAN QUARRIES PTY. LTD., VICTORIAN QUARRY DIVISION, ENTERPRISE AGREEMENT (“AGREEMENT”) 2016

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2015

Application for approval of the Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division, Enterprise Agreement ("Agreement") 2016.

[1] On 7 December 2015, Fulton Hogan Quarries Pty Ltd (Applicant) made an application for approval of the Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division, Enterprise Agreement ("Agreement") 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee bargaining representatives have has indicated its acceptance of the undertakings.

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

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 30 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Fulton Hogan Quarries Pty Ltd, the employer, applied for the Fair Work Commission's (FWC) approval of the Enterprise Agreement (EA) 2016 for its Victorian Quarry Division. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), as the employees' representatives, opposed the application. The dispute centred on the FWC's jurisdiction to approve the EA and whether the EA complied with the Fair Work Act 2009 (FW Act). The FWC was required to decide whether it had the jurisdiction to approve the EA and if the EA met the requirements under the FW Act, including provisions on employee protection and procedural fairness.

The FWC considered its jurisdiction under section 234 of the FW Act and concluded it had the authority to approve the EA. The FWC also examined whether the EA met the criteria for approval, including whether it provided for procedural fairness and minimum entitlements. The FWC found that the EA complied with the requirements of the FW Act. The employees' representatives argued that the EA did not provide adequate protection for employees and procedural fairness, but the FWC rejected these claims.

The FWC approved the EA, finding it met all the legal requirements under the FW Act. The EA was approved on the condition that certain provisions were modified to better protect employees and ensure procedural fairness. The FWC found that the EA provided for minimum entitlements and procedural fairness and was in the best interests of the employees. The final orders included the approval of the EA with modifications to ensure compliance with the FW Act and to protect the employees' rights.

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