John Holland Pty Ltd T/A John Holland
[2022] FWCA 1823
•3 JUNE 2022
| [2022] FWCA 1823 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
John Holland Pty Ltd T/A John Holland
(AG2022/1531)
John Holland Pty Ltd New South Wales Rail (Electrical) Agreement 2022
| Rail industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 3 JUNE 2022 |
Application for approval of the John Holland Pty Ltd New South Wales Rail (Electrical) Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the John Holland Pty Ltd New South Wales Rail (Electrical) Agreement 2022 (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 T/A John Holland (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding the ambiguity of the Agreement coverage, in relation to employee classifications, as stated in the NERR.[1] Having regard to the submissions of the Employer provided on 2 June 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
Undertakings
The Employer has provided written undertakings dated 2 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Rail Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Communications, 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, 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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 1 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516160 PR742295>
Annexure A
[1] Noting the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
Printed by authority of the Commonwealth Government Printer
<AE516160 PR742295>
0
0
0