DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2018/3719)

JOHN HOLLAND PTY LTD WA RAIL AGREEMENT 2017

Rail industry
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the John Holland Pty Ltd WA Rail Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd WA Rail Agreement 2017 (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.

[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 Rail, Tram and Bus Industry 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 1 February 2019. The nominal expiry date of the Agreement is 24 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, John Holland Pty Ltd, applied to the Federal Circuit Court for approval of the John Holland Pty Ltd WA Rail Agreement 2017. The agreement related to the Fair Work Act 2009 and was designed to provide a framework for the employment of workers in the Western Australian rail industry. The primary dispute in this matter was whether the agreement complied with the statutory requirements of the Fair Work Act and if it met the necessary standards for approval under the legislation.

The court had to decide whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act. Additionally, the court needed to determine if the agreement had been made in good faith and whether it was likely to improve the terms and conditions of employment. The court also examined whether the agreement provided for the resolution of disputes and if it was consistent with the broader objectives of the Fair Work Act.

The court found that the agreement met all the statutory requirements and was consistent with the objectives of the Fair Work Act. The court approved the agreement, stating that it provided for minimum terms and conditions of employment, was made in good faith, and was likely to improve the terms and conditions of employment. The court also noted that the agreement included provisions for the resolution of disputes and was in line with the broader objectives of the Fair Work Act.

No further orders were made by the court beyond the approval of the agreement. The agreement was thus approved and could be implemented as a framework for the employment of workers in the Western Australian rail industry.

John Holland Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established