John Holland Pty Ltd
[2022] FWCA 3026
•1 SEPTEMBER 2022
| [2022] FWCA 3026 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
John Holland Pty Ltd
(AG2022/3481)
John Holland Pty Ltd Victorian Rail Enterprise Agreement 2022 – 2026
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 1 SEPTEMBER 2022 |
Application for approval of the John Holland Pty Ltd Victorian Rail Enterprise Agreement 2022 – 2026.
An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Victorian Rail Enterprise Agreement 2022 – 2026 (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 single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Rail, Tram and Bus Industry Union, 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.
The Agreement was approved on 1 September 2022 and, in accordance with s.54, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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