Fulton Hogan Quarries Pty Ltd T/A Fulton Hogan Quarries Pty Ltd

Case •

[2025] FWCA 376

•

30 JANUARY 2025
[2025] FWCA 376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fulton Hogan Quarries Pty Ltd T/A Fulton Hogan Quarries Pty Ltd

(AG2024/5018)

FULTON HOGAN QUARRIES PTY LTD VICTORIAN QUARRY DIVISION ENTERPRISE AGREEMENT

Quarrying industry

COMMISSIONER WILSON

MELBOURNE, 30 JANUARY 2025

Application for approval of the Fulton Hogan Quarries Pty Ltd Victorian Quarry Division Enterprise Agreement 2025

  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 (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. 

  1. The notification time for the Agreement under s.173(2) was 1 October 2024 and the Agreement was made on 16 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.1 

  1. 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. The undertakings are taken to be a term of the agreement. 

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen. 

  1. Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 27A of the Award is taken to be a term of the Agreement.  

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2025. The nominal expiry date of the Agreement is 31 December 2027. 

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527835  PR783820>

Annexure A

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