John Holland Pty Ltd

[2019] FWCA 5197

[2019] FWCA 5197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

John Holland Pty Ltd
(AG2019/1586)

JOHN HOLLAND PTY LTD CIVIL CONSTRUCTION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 25 JULY 2019

Application for approval of the John Holland Pty Ltd Civil Construction Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by John Holland Pty Ltd (the Applicant) for approval of the John Holland Pty Ltd Civil Construction Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to the parties on 8 July 2019, raising a number of concerns in relation to the Agreement. Further to correspondence exchanged between the parties, the Applicant provided signed undertakings addressing the concerns raised.

[3] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[4] The Australian Worker’s Union (the AWU) filed a Form F18 in this matter. While it did not advise whether it supported approval of the Agreement, it provided notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the AWU.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 24 July 2023.

COMMISSIONER

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Attachment A