John Holland Pty Ltd T/A John Holland

[2021] FWCA 4272

[2021] FWCA 4272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2021/5973)

JOHN HOLLAND SEYMOUR WHYTE JOINT VENTURE - SYDNEY GATEWAY PROJECT, AWU AND THE CFMMEU GREENFIELD AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JULY 2021

Application for approval of the John Holland Seymour Whyte Joint Venture - Sydney Gateway Project, AWU and the CFMMEU Greenfield Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement to be known as the John Holland Seymour Whyte Joint Venture - Sydney Gateway Project, AWU and the CFMMEU Greenfield Agreement 2021-2025 (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 greenfields agreement.

[2] The Employer has provided written undertakings dated 19 July 2021. 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 Building and Construction General On-Site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU); and

The Australian Workers’ Union (AWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] 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.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 7 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512325  PR731852>

Annexure A