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Fair Work Act 2009
s.185—Enterprise agreement
John Holland Pty Ltd
(AG2013/2077)
TERRITORIA COLLECTIVE AGREEMENT 2013
Northern Territory
COMMISSIONER WILSON MELBOURNE, 3 OCTOBER 2013
Territoria Collective Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the
Territoria Collective Agreement 2013 (the Agreement). The application was made pursuant to
s.185 of the Fair Work Act 2009 (the Act). It has been made by John Holland Pty Ltd (the
Employer). The agreement is a single-enterprise agreement.
[2] The application filed by the Employer indicates there was no union bargaining
representative involved in negotiations. However, on 25 July 2013, the Construction,
Forestry, Mining & Energy Union (CFMEU) advised the Commission that it wanted to be
heard in relation to the application. The application was listed for hearing on 7 August 2013.
[3] At the hearing on 7 August 2013, the CFMEU argued that it should have been a
bargaining representative in relation to the Agreement, that the Employer should have known
this, and that by not engaging with the CFMEU the Employer breached its good faith
bargaining requirements under the Act. The CFMEU was unprepared for the hearing, and
could not provide appropriate particulars to support its contention. I adjourned the matter to
allow the CFMEU time to consider its position, and issued Directions on 13 August 2013 with
respect to the filing of submissions to assist with the timely resolution of the matter.
[4] The matter was relisted for hearing on 3 October 2013, and both parties heard with
respect to the outstanding issues. At the conclusion of the hearing on 3 October 2013, I issued
a Decision in Transcript, finding that the CFMEU is not a bargaining representative in this
matter; that I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant
to this application for approval have been met; and that the Agreement is approved and, in
accordance with s.54 of the Act, will operate from 10 October 2013. The nominal expiry date
of the Agreement is 10 October 2017.
[2013] FWCA 7766
DECISION
E AUSTRALIA FairWork Commission
[2013] FWCA 7766
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[5] I will publish reasons for the Decision shortly.
COMMISSIONER
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