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) SEGMENT MANUFACTURING FACILITY GREENFIELDS AGREEMENT 2025

Application for approval of the North South Corridor - River Torrens to Darlington Project (T2D) & The Australian Workers' Union (South Australia Branch) Segment Manufacturing Facility Greenfields 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) Segment Manufacturing Facility Greenfields Agreement 2025 (Segment Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (FW Act). The Segment 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 Segment Agreement.[2] We also indicated in that decision that we accepted the undertakings the applicants had previously proffered in relation to clause 50 of the Segment Agreement, relating to when an employee may give notice of an absence on personal/carer's or unpaid carer's leave, and clause 40.1(c) of the Segment Agreement, relating to how employees engaged as apprentices are to be paid.[3]

[3] On 31 December 2025, the applicants provided an undertaking regarding the exercise of delegates' rights to the presiding member's chambers, and on the same day 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 [99] of the December decision and that it is not likely to cause any financial detriment to any employee covered by the Segment Agreement or result in substantial changes to the Segment 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 Segment Agreement with the applicants, is covered by the Segment Agreement pursuant to s 53(2)(b) of the FW Act.

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

1. [1] [2025] FWCFB 294.
2. [2]Ibid [10].
3. [3]Ibid [102].

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