John Holland Pty Ltd Summary

[2022] FWCA 1134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2022/855)

JOHN HOLLAND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 APRIL 2022

Application for the approval of the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (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 Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, John Holland Pty Ltd, sought approval for the Enterprise Agreement between the company and the CFMEU (Victorian Construction and General Division). The agreement was for the period 2020-2023 and involved several employees. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, specifically if it met the criteria for "enterprise agreements" as defined in the Act.

The Commission examined whether the agreement was genuinely a bargain between the employer and the employees, whether it was made in good faith, and if it contained the necessary minimum terms and conditions as stipulated by the Act. The applicant argued that the agreement was a fair and genuine representation of the parties' negotiations and contained all the requisite minimum terms. The Commission considered the evidence presented, including the bargaining process and the content of the agreement, to determine if it met the statutory requirements.

After careful consideration of the evidence and submissions, the Commission found that the agreement was indeed a genuine bargain and was made in good faith. It also contained all the necessary minimum terms as required by the Act. Therefore, the Commission approved the Enterprise Agreement.

The final orders of the Commission were that the Enterprise Agreement between John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. This decision provided legal certainty for the parties involved and ensured compliance with the relevant legislative framework.

John Holland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established