Application by Fulton Hogan Industries Pty Ltd
Citation: [2026] FWCA 1745
What happened
Fulton Hogan Industries Pty Ltd applied to have its South Australian Enterprise Agreement 2026 approved by the Fair Work Commission. The agreement, initially titled ‘Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2025’, covers a single enterprise in the asphalt industry. A Notice of Employee Representational Rights used a slightly different title. The Australian Workers’ Union (AWU) indicated it wanted the agreement to cover them.
What was decided
The Fair Work Commission approved the Fulton Hogan Industries Pty Ltd South Australian Enterprise Agreement 2026, effective from July 13, 2026, and expiring December 1, 2028. The Commissioner disregarded a minor technical error in the agreement's title. It noted potential inconsistencies with the National Employment Standards (NES) but stated that NES entitlements would prevail. A term from the Asphalt Industry Award 2020 regarding Workplace Delegates’ Rights was incorporated into the agreement.
What it means for employers
Employers should ensure consistency between notices provided to employees and the final enterprise agreement document, even if titles differ due to timing of negotiations. They also need to be aware that inconsistencies with the National Employment Standards will be resolved in favour of the NES entitlements.
What it means for employees
Employees covered by this agreement benefit from its terms, but should remember that any inconsistencies with the National Employment Standards are overridden by those standards. The AWU is covered under the agreement.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1745.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →