John Holland Group Pty Ltd T/A John Holland
[2023] FWCA 1130
•20 APRIL 2023
| [2023] FWCA 1130 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
John Holland Group Pty Ltd T/A John Holland
(AG2023/985)
CIVIL CONSTRUCTION AGREEMENT 2022 - 2026
| Building, metal and civil construction industries | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 20 APRIL 2023 |
Application for approval of the Civil Construction Agreement 2022 - 2026
An application has been made for approval of an enterprise agreement known as the Civil Construction Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Holland Group Pty Ltd T/A John Holland. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), 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 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Australian Workers’ Union 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 organisation.
The Agreement was approved on 20 April 2023 and, in accordance with s.54, will operate from 27 April 2023. The nominal expiry date of the Agreement is 1 December 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE519786 PR761242>
Annexure A
0
0
0