DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

John Holland
(AG2019/2142)

JOHN HOLLAND CPB CONTRACTORS JOINT VENTURE - ROZELLE INTERCHANGE AND WESTERN HARBOUR TUNNEL ENABLING WORKS, AWU CIVIL WORKS GREENFIELD AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 JULY 2019

Application for approval of the John Holland CPB Contractors Joint Venture - Rozelle Interchange and Western Harbour Tunnel Enabling Works, AWU Civil Works Greenfield Agreement 2019 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the John Holland CPB Contractors Joint Venture - Rozelle Interchange and Western Harbour Tunnel Enabling Works, AWU Civil Works Greenfield Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by John Holland & CPB Contract Pty Ltd as single interest employers engaged in a joint venture.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 8 July 2019. The nominal expiry date of the Agreement is 12 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John Holland, sought approval for a civil works agreement with the Australian Workers' Union. The matter was heard in the Fair Work Commission, which was required to determine whether the proposed agreement met the criteria for an enterprise agreement under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement appropriately covered the terms and conditions of employment for the workers involved in the specified projects, and whether it complied with the requirements for a multi-employer, multi-enterprise agreement.

The Commission carefully considered the submissions from both John Holland and the Australian Workers' Union. It examined whether the agreement included all necessary terms, such as wages and conditions, and whether it provided for genuine enterprise bargaining. The Commission also evaluated the process by which the agreement was negotiated and whether it met the procedural fairness requirements. After assessing the evidence and submissions, the Commission determined that the proposed agreement met the statutory criteria and was therefore approved.

The Commission found that the agreement was bona fide, covered the required terms, and was negotiated in good faith. The applicant had demonstrated compliance with the legislative requirements for a multi-employer, multi-enterprise agreement. The Commission's approval was based on the comprehensive nature of the agreement and the fairness of the bargaining process. Consequently, the Commission approved the proposed agreement, allowing it to come into effect as a lawful enterprise agreement.

John Holland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established