John Holland Pty Ltd T/A John Holland Pty Ltd

[2022] FWCA 2625

[2022] FWCA 2625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland Pty Ltd

(AG2022/2443)

John Holland Pty Ltd WA Communications & Signalling Agreement 2022

Rail industry
COMMISSIONER SCHNEIDER	PERTH, 2 AUGUST 2022

Application for approval of the John Holland Pty Ltd WA Communications & Signalling Agreement 2022

1. John Holland Pty Ltd T/A John Holland Pty Ltd has made an application for the approval of an enterprise agreement known as the John Holland Pty Ltd WA Communications & Signalling Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Clause 6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they wish to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the Unions, I note that the Unions are covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 18 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516892  PR744449>

ANNEXURE A