John Holland Pty Ltd, Lendlease Engineering Pty Ltd & Bouygues Construction Australia Pty Ltd

[2019] FWCA 2172

[2019] FWCA 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd, Lendlease Engineering Pty Ltd & Bouygues Construction Australia Pty Ltd
(AG2019/467)

DEER PARK SEGMENT MANUFACTURING FACILITY GREENFIELDS AGREEMENT 2019-2021

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 APRIL 2019

Application for approval of the Deer Park Segment Manufacturing Facility Greenfields Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Deer Park Segment Manufacturing Facility Greenfields Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John Holland Pty Ltd, Lendlease Engineering Pty Ltd and Bouygues Construction Australia Pty Ltd (Employers) as single interest employers engaged in a joint venture. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] The Employers have 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.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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 was approved on 3 April 2019 and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502653  PR706457>

Annexure A