Fulton Hogan Quarries Pty Ltd Summary

[2022] FWCA 1713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fulton Hogan Quarries Pty Ltd

(AG2022/1422)

Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division Enterprise Agreement 2022

Quarrying industry
DEPUTY PRESIDENT BELL	MELBOURNE, 25 MAY 2022

Application for approval of the Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Quarries Pty. Ltd., Victorian Quarry Division Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fulton Hogan Quarries Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 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.

The Agreement was approved on 25 May 2022 and, in accordance with s.54, will operate from 1 June 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fulton Hogan Quarries Pty Ltd applied to the Fair Work Commission for approval of the Fulton Hogan Quarries Pty Ltd, Victorian Quarry Division Enterprise Agreement 2022. The matter was heard by Deputy President Kelly. The applicant is a company operating in the quarrying industry in Victoria. The dispute involved the approval of an enterprise agreement between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The legal issues centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Deputy President examined the agreement to ensure it contained the mandated terms and conditions, did not disadvantage employees, and was made in good faith. The Deputy President found that the agreement met all necessary criteria and was made in good faith. The application for approval was thus approved, and the agreement was registered. The decision was made in accordance with the Fair Work Act 2009 and relevant case law. The final orders included the approval and registration of the enterprise agreement, effective from the date of the decision.

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