Fulton Hogan Quarries Pty Ltd Summary

[2014] FWCA 6125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fulton Hogan Quarries Pty Ltd
(AG2014/7073)

FULTON HOGAN QUEENSLAND QUARRY DIVISION ENTERPRISE AGREEMENT 2014

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 4 SEPTEMBER 2014

Application for approval of the Fulton Hogan Queensland Quarry Division Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Fulton Hogan Queensland Quarry Division Enterprise Agreement 2014 (the Agreement). The application has been made by Fulton Hogan Quarries Pty Ltd (Fulton Hogan Quarries). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Greg Power of Drayton’s Workplace Consulting Pty Ltd, on 11 August 2014.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Thursday, 4 September 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] The Australian Workers’ Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Fulton Hogan Quarries Pty Ltd, the applicant, sought approval of the Fulton Hogan Queensland Quarry Division Enterprise Agreement 2014 from the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for certain employees in the quarry division of Fulton Hogan, a construction and mining company. The Fair Work Commission, the tribunal responsible for approving such agreements, was tasked with ensuring the agreement met the necessary legal standards.

The primary legal issue before the Commission was whether the agreement was in the interests of the employees. The Commission had to consider whether the agreement was fair and reasonable, taking into account the need for a cooperative and productive workplace, and whether it provided appropriate protections for employees. This included examining the agreement's provisions on wages, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was fair and reasonable, and in the interests of the employees. The Commission noted that the agreement provided for fair wages and conditions of employment, and included appropriate dispute resolution mechanisms. The agreement also provided for a cooperative and productive workplace, with provisions that were necessary to ensure the efficient operation of the quarry division. The Commission was satisfied that the agreement met all the necessary legal requirements and approved it.

The Fair Work Commission approved the Fulton Hogan Queensland Quarry Division Enterprise Agreement 2014, finding that it was fair and reasonable, and in the interests of the employees. The agreement provides for fair wages and conditions of employment, and includes appropriate dispute resolution mechanisms. The agreement also provides for a cooperative and productive workplace, with provisions that are necessary to ensure the efficient operation of the quarry division.

Fulton Hogan Quarries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established