DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2021/4080)

JOHN HOLLAND PTY LTD NSW RAIL INFRASTRUCTURE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 MARCH 2021

Application for approval of the John Holland Pty Ltd NSW Rail Infrastructure Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the John Holland Pty Ltd NSW Rail Infrastructure Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John Holland Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 March 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Rail Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation, which was a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want to be covered by the Agreement:

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2021. The nominal expiry date of the Agreement is 1 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Pty Ltd, a company involved in the construction of rail infrastructure, sought approval for the John Holland Pty Ltd NSW Rail Infrastructure Agreement 2019. The matter was brought before the court to determine if the agreement complied with the necessary legislative requirements and if it was in the public interest. The primary dispute centred around the fairness and reasonableness of the terms and conditions outlined in the agreement and whether they adequately protected both parties involved.

The court was tasked with examining the agreement to ensure it complied with the statutory framework governing such contracts, including the Public Transport Infrastructure Agreement Act. The key legal issues included whether the agreement adequately balanced the rights and obligations of both parties and whether it was in the public interest. The court also needed to consider whether the agreement was transparent, fair, and reasonable.

The court carefully reviewed the agreement, taking into account various factors such as the obligations imposed on both parties, the financial implications, and the potential impact on the public. The court found that the agreement was comprehensive and met the legislative requirements. It balanced the rights and obligations of both parties and was transparent and fair. The court concluded that the agreement was in the public interest, considering the benefits it would bring to the rail infrastructure project. Consequently, the court approved the agreement.

John Holland 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