John Holland Pty Ltd

[2014] FWCA 1195

[2014] FWCA 1195

FAIR WORK COMMISSION

DECISION

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

John Holland Pty Ltd
(AG2014/278)

JOHN HOLLAND PTY LTD RAIL DRIVERS AGREEMENT 2014

Rail industry
COMMISSIONER CARGILL	SYDNEY, 19 FEBRUARY 2014

Application for approval of the John Holland Pty Ltd Rail Drivers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Rail Drivers Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by John Holland Pty Ltd. The agreement is a greenfields agreement.

[2] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[4] In accordance with s.187(5)(a) of the Act I am satisfied that the Australian Rail, Tram and Bus Industry Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2014. The nominal expiry date is 30 November 2017.

COMMISSIONER

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