John Holland Pty Ltd

Case

[2018] FWCA 1614

19 MARCH 2018


[2018] FWCA 1614

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2017/4809)

John Holland Pty Ltd WA Communications, Signalling & OHW Agreement 2017

Building services

Commissioner Saunders

NEWCASTLE, 19 MARCH 2018

Application for approval of the John Holland Pty Ltd WA Communications, Signalling & OHW Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd WA Communications, Signalling & OHW Agreement 2017 (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 Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

  1. Subject to the Undertakings, 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.

  1. The Australian Rail, Tram and Bus Industry Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2018. The nominal expiry date of the Agreement is 18 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE427674  PR601288>

Annexure A

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