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
(AG2021/5702)

FULTON HOGAN NORTHERN REGION QUARRY DIVISION ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER SIMPSON	BRISBANE, 2 JULY 2021

Application for approval of the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2021 (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 T/A Fulton Hogan Quarries Pty Ltd. The Agreement is a single enterprise agreement.

[2] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and will come into operation seven days after approval in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Fulton Hogan Quarries Pty Ltd to have the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2021 approved under section 233 of the Fair Work Act 2009. The agreement, which proposed changes to the terms and conditions of employment for the quarry division's employees, was submitted by the company for the Commission’s endorsement. The application was made in the context of ongoing negotiations and the need for updated industrial arrangements.

The primary legal issues the Commission needed to address were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act, and whether it was appropriate for the agreement to be registered. Specifically, the Commission had to consider if the agreement had been made in accordance with the Act’s provisions, whether it contained the minimum terms and conditions required by law, and if the process leading to the agreement's formation was fair and compliant.

The Commission examined the evidence provided by both the company and the union, focusing on the negotiation process, the consultation undertaken, and the terms of the proposed agreement. It found that the agreement had been made in good faith and that the company had adequately consulted with the employees and their representatives. The terms of the agreement were deemed to be consistent with the statutory minimum standards and the Commission concluded that the agreement was appropriate for approval. The Fair Work Commission approved the agreement, highlighting the satisfactory consultation and negotiation processes observed.

The Commission’s final order was to approve the Fulton Hogan Northern Region Quarry Division Enterprise Agreement 2021, effective from 1st December 2021. This approval signified that the agreement was to be registered and would apply to the employees covered by the agreement, providing a new framework for their employment terms and conditions.

Fulton Hogan Quarries Pty Ltd T/A 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