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

[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

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.

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

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

The matter involved an application for approval of a new enterprise agreement between Fulton Hogan Quarries Pty Ltd and its employees. The application was made under section 232 of the Fair Work Act 2009 to the Federal Circuit and Family Court of Australia. The dispute centred on whether the proposed agreement, which was to cover the period until 2025, met the statutory requirements for approval under the Fair Work Act.

The key legal issue before the court was whether the enterprise agreement was fairly negotiated and complied with the relevant provisions of the Fair Work Act. This involved assessing whether the agreement included all mandatory terms and conditions, whether it was negotiated in good faith, and whether it complied with the requirements for direct or indirect coverage of employees. The court also had to consider whether the agreement adequately protected the rights of employees and whether it provided for fair and reasonable terms and conditions of employment.

The court found that the proposed enterprise agreement met the statutory requirements for approval. It concluded that the agreement was fairly negotiated and contained all the mandatory terms and conditions as prescribed by the Fair Work Act. The agreement was also found to provide for fair and reasonable terms and conditions of employment and adequately protected the rights of employees. The court determined that there were no grounds to refuse approval of the agreement.

The court granted the application and approved the Fulton Hogan Quarries Pty Ltd Victorian Quarry Division Enterprise Agreement 2025. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement until 2025.

Fulton Hogan Quarries Pty Ltd T/A 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