John Holland Pty Ltd

[2016] FWCA 2146

[2016] FWCA 2146 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2016/2447)

JOHN HOLLAND PTY LTD WA RAIL AGREEMENT 2015

Rail industry
COMMISSIONER ROE	MELBOURNE, 6 APRIL 2016

Application for approval of the John Holland Pty Ltd WA Rail Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd WA Rail Agreement 2015 (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.

[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. 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.

[3] The Australian Rail, Tram and Bus Industry 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] The Agreement was approved on 6 April 2016 and, in accordance with s.54, will operate from 13 April 2016. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

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