John Holland Queensland Pty Limited

[2020] FWCA 7016

[2020] FWCA 7016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Queensland Pty Limited
(AG2020/3535)

JOHN HOLLAND QUEENSLAND PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2020

Application for approval of the John Holland Queensland Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Queensland Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 Queensland Pty Limited.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the:

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

•  Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and

•  Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU)

are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with each of the CFMMEU, CEPU and the AMWU and that the Agreement covers each of these organisations.

[5] The Agreement was approved on 23 December 2020 and, in accordance with s.54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509945  PR725790>

ANNEXURE A