FULTON HOGAN INDUSTRIES TASMANIAN ENTERPRISE AGREEMENT 2025

Application for approval of the Fulton Hogan Industries Tasmanian Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Fulton Hogan Industries Tasmanian Enterprise Agreement 2025 (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 Industries Pty Limited (Fulton Hogan). The Agreement is a single enterprise agreement.

[2] Several concerns about the proposed Agreement were raised with Fulton Hogan - particularly in relation to the question as to whether the Commission can be satisfied that employees who will be covered by the Agreement will be better off than they would be if covered by the relevant Award. These concerns were addressed by Fulton Hogan in submissions and by the provision of written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives were sought in relation to the undertakings. 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. Casual employees and casual employees working overtime;
2. Shift penalties in respect to night works

Interaction with the National Employment Standards

[4] Clause 5 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers' Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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