| [2018] FWCA 6838 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
John Holland Pty Ltd
(AG2018/2987)
John Holland Pty Ltd Rail New South Wales Agreement 2018
| Rail industry | |
| Deputy President Masson | MELBOURNE, 7 NOVEMBER 2018 |
Application for approval of the John Holland Pty Ltd Rail New South Wales Agreement 2018.
An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Rail New South Wales Agreement 2018 (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.
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.
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.
The Australian Rail, Tram and Bus Industry Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2018. The nominal expiry date of the Agreement is 31 December 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500683 PR702088>
Annexure A
- AGLC
- John Holland Pty Ltd [2018] FWCA 6838
- Case
- [2018] FWCA 6838
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "registerable" agreement under the Act, which includes being in writing, specifying the terms and conditions of employment, and not being contrary to public policy. Additionally, the Commission needed to assess if the agreement had been made in good faith and if it provided for proper protections for employees, including minimum entitlements and dispute resolution mechanisms.
The Commission carefully examined the agreement, considering the submissions from both John Holland Pty Ltd and the unions. It found that the agreement was in writing and contained the necessary terms and conditions for employment. The Commission also concluded that the agreement had been made in good faith and provided adequate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution procedures. Importantly, the Commission determined that the agreement did not contravene any public policy considerations. As a result, the Commission approved the agreement, finding it to be compliant with the statutory requirements.
The Commission's decision was grounded in a detailed analysis of the agreement's provisions and the legal framework set out in the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions for employees in the rail industry in New South Wales are clearly defined and enforceable, providing a fair and balanced outcome for both employers and employees.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.