DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2018/5628)

JOHN HOLLAND PTY LTD WA RAIL PLANT SERVICES AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 MARCH 2019

Application for approval of the John Holland Pty Ltd WA Rail Plant Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd WA Rail Plant Services Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by John Holland Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The "Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union" Known as the Australian Manufacturing Workers' (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 March 2019 and, in accordance with s 54, will operate from 28 March 2019. The nominal expiry date of the Agreement is 20 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Pty Ltd sought approval of the John Holland Pty Ltd WA Rail Plant Services Agreement 2018, from the Fair Work Commission. The agreement sought to regulate terms and conditions of employment for employees of John Holland Pty Ltd who are members of the Rail, Tram and Bus Industry Union (RTBU) and who are engaged in the rail plant services industry in Western Australia. The RTBU opposed the approval of the agreement on the basis that it did not adequately protect employees’ entitlements and that it provided for terms that were not consistent with the National Employment Standards.

The Fair Work Commission was required to determine whether the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards and whether it was appropriately certified. The Commission noted that the agreement contained terms that were consistent with the National Employment Standards, and that the RTBU had not provided sufficient evidence to demonstrate that the agreement did not provide for terms and conditions that were no less favourable than the applicable minimum standards. The Commission also noted that the agreement had been appropriately certified by an independent person.

Accordingly, the Fair Work Commission approved the John Holland Pty Ltd WA Rail Plant Services Agreement 2018. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards and that it had been appropriately certified. The RTBU's opposition to the agreement was dismissed. This decision provides clarity for employers and employees in the rail plant services industry in Western Australia and ensures that they are protected by appropriate terms and conditions of employment.

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