John Holland Pty Ltd T/A John Holland

[2019] FWCA 916

[2019] FWCA 916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2018/6001)

JOHN HOLLAND PTY LTD VICTORIAN RAIL ENTERPRISE AGREEMENT 2018-2022

Rail industry
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the John Holland Pty Ltd Victorian Rail Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Victorian Rail Enterprise Agreement 2018 - 2022 (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 T/A John Holland. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Rail, Tram and Bus Industry Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.1.1(a) – Annual Leave;

•  Clause 10.2.5 – Domestic Violence Leave;

•  Clause 6.6 – Abandonment of Employment.

However, noting clause 1.3(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A