s.185 - Enterprise agreement

JOHN HOLLAND PTY LTD RAIL NEW SOUTH WALES AGREEMENT 2025

Application for approval of the John Holland Pty Ltd Rail New South Wales Agreement 2025

[1] John Holland Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the John Holland Pty Ltd Rail New South Wales Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[4] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 27A of the Rail Industry Award 2020 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry Union (ARTBIU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ARTBIU.

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

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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