John Holland Pty Ltd T/A John Holland Pty Ltd
[2022] FWCA 760
•3 MARCH 2022
[2022] FWCA 760
The attached document replaces the document previously issued with the above code on 3 March 2022.
Agreement title in paragraph [1] has been updated.
Joseph Creese
Associate to Deputy President Beaumont
4 March 2022.
| [2022] FWCA 760 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
John Holland Pty Ltd T/A John Holland Pty Ltd
(AG2022/355)
John Holland Pty Ltd WA Rail Agreement 2022
| Rail industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 3 MARCH 2022 |
Application for approval of the John Holland Pty Ltd WA Rail Agreement 2022
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 Rail Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant states that notification time for the Agreement was 15 September 2021, and that the last notice of representational rights was provided to new employees in the work group on 28 October 2021, some 43 days after the notification time. In circumstances where this sits contrary to s 173(3) of the Act and constitutes a technical error as understood by reference to s 188(2) of the Act, I am satisfied that such an error constituted a minor technical error and that the employees covered by the Agreement would not likely be disadvantaged by the error.[1]
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
The Australian Rail, Tram and Bus Industry Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 3 March 2022 and, in accordance with s 54, will operate from 10 March 2022. The nominal expiry date of the Agreement is 10 March 2025.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE515207 PR738969>
0
0
0