John Holland Pty Ltd T/A John Holland

[2021] FWCA 6551

[2021] FWCA 6551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

John Holland Pty Ltd T/A John Holland
(AG2021/7550)

JOHN HOLLAND CPB CONTRACTORS JOINT VENTURE ? ROZELLE INTERCHANGE AND WESTERN HARBOUR TUNNEL ENABLING WORKS, ETU SYSTEM FIT OUT GREENFIELD AGREEMENT 2021 ? 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 4 NOVEMBER 2021

Application for approval of the John Holland CPB Contractors Joint Venture- Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021-2024

[1] An application has been made for approval of a greenfields agreement known as the John Holland CPB Contractors Joint Venture- Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021-2024 (the Agreement). The application was made by John Holland Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This greenfields agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to the application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are entitled to represent the industrial interests of a majority of employees which 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.

[3] The Applicant has provided written undertakings and a copy of these undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the CEPU and that the Agreement covers that organisation.

[5] The Agreement is approved, and in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A