John Holland Pty Ltd

[2021] FWCA 3038

[2021] FWCA 3038

FAIR WORK COMMISSION

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

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