John Holland Pty Ltd T/A John Holland Pty Ltd
[2025] FWCA 339
•29 JANUARY 2025
| [2025] FWCA 339 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
John Holland Pty Ltd T/A John Holland Pty Ltd
(AG2024/4632)
INFRASTRUCTURE VICTORIA PLANT DEPOT AGREEMENT 2024 - 2028
| Building, metal and civil construction industries | |
| COMMISSIONER WILSON | MELBOURNE, 29 JANUARY 2025 |
Application for approval of the Infrastructure Victoria Plant Depot Agreement 2024 - 2028
An application has been made for approval of an enterprise agreement known as the Infrastructure Victoria Plant Depot Agreement 2024 - 2028 (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 Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 20 September 2024 and the Agreement was made on 11 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.
Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 5 February 2029.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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