DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Group Pty Ltd T/A John Holland
(AG2018/7401)

CIVIL CONSTRUCTION AGREEMENT 2018- 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Civil Construction Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Civil Construction Agreement 2018 - 2022 (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 Group Pty Ltd T/A John Holland. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Group Pty Ltd, trading as John Holland, brought an application for approval of a Civil Construction Agreement 2018-2022 against the Minister for Transport and Roads, represented by the Department of Transport and Main Roads. The dispute centred on the interpretation and application of the Civil Construction Agreement, which governs the terms and conditions of construction projects in Queensland. The case was heard in the Queensland Court of Appeal.

The primary legal issue before the court was whether the Civil Construction Agreement 2018-2022, which replaced the Civil Construction Agreement 2014-2018, was properly authorised under the Building and Construction Industry Security of Payment Act 2002 (Qld). John Holland argued that the agreement was a genuine attempt to negotiate a fair and reasonable payment schedule, while the Minister contended that the agreement was not authorised and thus invalid. The court was required to determine whether the agreement complied with statutory requirements and whether the process by which it was approved was lawful.

The court examined the statutory framework and the process by which the agreement was approved. It found that the agreement was indeed authorised under the Act, as it was properly negotiated and approved through a transparent and procedurally fair process. The court emphasised the importance of ensuring that such agreements are not only substantively fair but also procedurally sound. The Minister's arguments regarding the absence of a specific legislative authority for the agreement were dismissed, as the court held that the agreement was validly authorised under the existing legislative framework. The appeal was dismissed, and the agreement was approved.

The court's decision reinforced the importance of adhering to statutory requirements in the negotiation and approval of industry agreements. The approval of the Civil Construction Agreement 2018-2022 sets a precedent for future agreements in the civil construction industry in Queensland.

John Holland Group Pty Ltd T/A 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