John Holland Pty Ltd

[2022] FWCA 2202

[2022] FWCA 2202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2022/2010)

John Holland Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 JULY 2022

Application for approval of the John Holland Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 – 2025

1. John Holland Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the John Holland Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 27 June 2022.

1. On 27 June 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

1. Clause 13.10 relating to annual leave may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 6 of the Agreement is deemed sufficient to resolve these NES concerns.

1. 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. The undertakings are taken to be a term of the agreement.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.

COMMISSIONER

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Annexure A