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

ANNEXURE A

John Holland Queensland Pty Limited applied to the Queensland Civil and Administrative Tribunal for approval of the Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The applicant sought the tribunal's approval of the agreement to facilitate the construction of a correctional precinct in Queensland. The legal issues before the tribunal included whether the agreement was consistent with the statutory framework, whether the agreement's terms were fair and reasonable, and whether the agreement was in the public interest.

The tribunal found that the agreement was consistent with the statutory framework and that its terms were fair and reasonable. The tribunal also found that the agreement was in the public interest, as it would facilitate the construction of a correctional precinct that would provide employment opportunities and contribute to the state's economy. The tribunal approved the agreement, noting that it had considered the potential environmental impacts of the project and had concluded that they would be adequately managed. The tribunal ordered that the agreement be approved and that the applicant take all necessary steps to implement it in accordance with its terms.

John Holland Queensland Pty Limited

DECISION

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