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[7]
austlii:cth/FWCA/2026/526
General information, not legal advice.
FWCA
2026-03-04
Original judgment source is linked above.
s.185 - Enterprise agreement
JOHN HOLLAND PTY LTD WA SIGNALLING COMMUNICATIONS & OHW AGREEMENT 2025
Application for approval of the John Holland Pty Ltd WA Signalling Communications & OHW Agreement 2025
[1] John Holland Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the John Holland Pty Ltd WA Signalling Communications & OHW Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Public Holiday Substitution - Clause 43.3 provides for majority agreement between employees and the employer for the substitution of public holidays whereas s 115(3) of the Act only requires an employee to agree with the employer.
Redundancy - Clause 46.3 provides an employee is not entitled to redundancy pay where they have refused acceptable alternative employment. This appears to be inconsistent with s 120 of the Act, which provides that such circumstances merely give rise to the right to apply to the Commission to reduce the amount of redundancy pay, rather than operating to automatically exclude the employer's redundancy pay obligations.
[4] However, I am satisfied that under clause 6.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Australian Rail, Tram and Bus Industry Union (the RTBU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.
[6] The Agreement was approved on 4 March 2026 and, in accordance with s 54, will operate from 11 March 2026. The nominal expiry date of the Agreement is 4 March 2029.
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