John Holland Pty Ltd Trading AS John Holland

[2025] FWCA 3364

[2025] FWCA 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd Trading AS John Holland

(AG2025/3146)

JOHN HOLLAND PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2025 – 2029

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 7 OCTOBER 2025

Application for approval of the John Holland Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2025 – 2029.

1. An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2025 – 2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by John Holland Pty Ltd T/A John Holland (the Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Compassionate Leave: Compassionate leave under clause 17 of the Agreement does not extend to instances of stillbirth or miscarriage as otherwise set out at s.104(1)(b) and (c) of the Act.
• Annual Leave: Clauses 14.3(c) and 14.4(b) provide that annual leave loading is not payable on proportionate leave on termination where the employee is dismissed by the employer for reasons of malingering, inefficiency, neglect of duty, misconduct or refusing of duty. This appears to be inconsistent with s.90(2) of the Act, which provides that if, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee had the employee taken that period of leave. Under s.90(2) of the Act, this entitlement appears to extend to annual leave loading. Furthermore, the entitlement to be paid annual leave loading on termination under s.90(2) of the Act appears to apply regardless of the reason for termination.

1. However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 14 October 2025. The nominal expiry date of the Agreement is 31 March 2029.

COMMISSIONER

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Annexure A