[2022] FWCA 2599 [Note: This decision and the associated agreement has been quashed – refer to Full Bench decision dated 18 October 2022 [2022] FWCFB 190]
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

John Holland Queensland Pty Ltd
(AG2022/3078)

JOHN HOLLAND QUEENSLAND PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 2 AUGUST 2022

Application for approval of the John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

[1] John Holland Queensland Pty Ltd has made an application for approval of the John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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, and that it is in the public interest to approve the Agreement.

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

[4] The Agreement was approved on 2 August 2022 and, in accordance with s 54, will operate from 9 August 2022. The nominal expiry date of the Agreement is 2 August 2026.

DEPUTY PRESIDENT

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