s.185 - Enterprise agreement

Application by John Holland Pty Ltd and Bouygues Construction Pty Ltd

NORTH SOUTH CORRIDOR - RIVER TORRENS TO DARLINGTON PROJECT (T2D) & THE AUSTRALIAN WORKERS' UNION (SOUTH AUSTRALIA BRANCH) TUNNEL GREENFIELD AGREEMENT 2025

Application for approval of the North South Corridor - River Torrens to Darlington Project (T2D) & The Australian Workers' Union (South Australia Branch) Tunnel Greenfield Agreement 2025 - undertaking re delegates' rights accepted - agreement approved.

[1] John Holland Pty Ltd and Bouygues Construction Pty Ltd (together, applicants), operating as an unincorporated joint venture, trading as 'T2D CJV', have applied for approval of an enterprise agreement known as the North South Corridor - River Torrens to Darlington Project (T2D) and The Australian Workers' Union (South Australia Branch) Tunnel Greenfield Agreement 2025 (Tunnel Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (FW Act). The Tunnel Agreement is a single-enterprise greenfields agreement.

1. On 24 December 2025, we issued a decision[1] (December decision) indicating that if we received an undertaking from the applicants regarding the exercise of delegates' rights as specified in s 350C of the FW Act, and if The Australian Workers' Union (AWU) did not object to such an undertaking, we anticipated being in a position to accept the undertaking and approve the Tunnel Agreement.[2] We also indicated in that decision that we accepted the undertaking previously proffered in relation to clause 57 of the Tunnel Agreement relating to when an employee may give notice of an absence on personal/carer's or unpaid carer's leave.[3]

[3] On 30 December 2025, the applicants provided an undertaking regarding the exercise of delegates' rights to the presiding member's chambers. On 31 December 2025, the AWU indicated that it did not object to the undertaking. We accept this undertaking. We are satisfied that it meets the concern identified in paragraph [95] of the December decision and that it is not likely to cause any financial detriment to any employee covered by the Tunnel Agreement or result in substantial changes to the Tunnel Agreement.

[4] On the basis of the undertakings referred to above, we are satisfied that each of the requirements of ss 186, 187 and 190 as are relevant to the application for approval has been met.

[5] The AWU, being the employee organisation that made the Tunnel Agreement with the applicants, is covered by the Tunnel Agreement pursuant to s 53(2)(b) of the FW Act.

[6] The Tunnel Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 January 2026. The nominal expiry date of the Tunnel Agreement is 5 January 2030.

1. [1] [2025] FWCFB 294.
2. [2]Ibid [10].
3. [3]Ibid [101].

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