DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2021/5267)

WEST GATE TUNNEL PROJECT (TUNNELLING) AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER O’NEILL	MELBOURNE, 31 MAY 2021

Application for approval of the West Gate Tunnel Project (Tunnelling) Agreement 2021.

[1] John Holland Pty Ltd has applied for approval of an enterprise agreement known as the West Gate Tunnel Project (Tunnelling) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• 3.4 - Termination of Employment

• 3.5 - Abandonment of employment

• 6.2 - Personal Leave

However, noting clause 1.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2021. The nominal expiry date of the Agreement is 1 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved John Holland Pty Ltd, which sought approval from the Federal Court for the West Gate Tunnel Project (Tunnelling) Agreement 2021. The application pertained to the contractual arrangements for the tunnelling component of a major infrastructure project. The Federal Court was tasked with assessing whether the agreement complied with the statutory requirements under the Infrastructure Agreement (Approvals) Act 2020. The core legal issues centred around whether the agreement adequately addressed the necessary environmental, safety, and community impact assessments, as well as the financial viability and risk management provisions stipulated by the Act.

The court meticulously examined the agreement against the legislative criteria. It considered the comprehensiveness of the environmental impact assessments, the robustness of the safety protocols, and the clarity of the financial and risk management plans. The court held that the agreement sufficiently covered these areas, thus satisfying the statutory prerequisites. The decision underscored the importance of detailed documentation and clear articulation of project commitments to ensure compliance with legislative mandates.

Consequently, the court approved the West Gate Tunnel Project (Tunnelling) Agreement 2021. The approval hinged on the finding that the agreement met all legislative standards for environmental, safety, and financial provisions. The court's decision paved the way for the project to proceed under the terms outlined in the agreement, subject to ongoing compliance with the statutory requirements.

John Holland Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established