DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Group Pty Ltd
(AG2020/423)

JOHN HOLLAND PTY LTD NEW SOUTH WALES CIVIL AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 MARCH 2020

Application for approval of the John Holland Pty Ltd New South Wales Civil Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd New South Wales Civil Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 March 2020. The nominal expiry date of the Agreement is 3 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, John Holland Group Pty Ltd sought approval for the John Holland Pty Ltd New South Wales Civil Agreement 2019. The dispute arose out of the negotiation and proposed terms of the enterprise agreement. The parties involved in the dispute were John Holland Group Pty Ltd, as the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The crux of the disagreement pertained to the terms and conditions outlined in the proposed agreement, including wage rates, working hours, and other employment conditions. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to resolve involved assessing whether the agreement complied with the requirements for registration under the Fair Work Act. This included ensuring that the agreement was made in good faith, did not discriminate on the basis of sex, disability, marital status, or trade union activity, and that it met the criteria for being in the best interests of the employees. Furthermore, the Commission needed to evaluate whether the agreement provided for procedural fairness and whether it was free from any coercion or undue influence.

The Commission's decision was grounded in a comprehensive analysis of the presented evidence and submissions from both parties. It found that the proposed agreement was made in good faith and did not contain discriminatory provisions. The Commission also determined that the agreement provided for procedural fairness and was free from any undue influence or coercion. Importantly, the Commission concluded that the agreement was in the best interests of the employees, considering factors such as wage increases, improved working conditions, and the overall benefits to the workforce. Given these findings, the Commission approved the John Holland Pty Ltd New South Wales Civil Agreement 2019, thereby resolving the dispute in favour of the employer.

The Fair Work Commission's final orders included the approval of the John Holland Pty Ltd New South Wales Civil Agreement 2019, effective from the date of the decision. This decision ensures that the terms of the agreement are legally binding and will govern the employment conditions of the employees covered by the agreement.

John Holland Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established