DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2018/1241)

JOHN HOLLAND PTY LTD SIGNALLING NEW SOUTH WALES AGREEMENT 2018

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2018

Application for approval of the John Holland Pty Ltd Signalling New South Wales Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Signalling 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.

[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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. 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 applied to the Fair Work Commission for approval of the John Holland Pty Ltd Signalling New South Wales Agreement 2018. The applicant is a civil construction company. The respondents were the Communications, Electrical and Plumbing Union of Australia and the Rail, Tram and Bus Industry Union. The dispute centred on whether the agreement should be approved under the Fair Work Act 2009. The legal issues were whether the agreement met the requirements for an enterprise agreement and whether it complied with the good faith bargaining provisions.

The Commission found that the agreement was made in good faith and met the requirements for an enterprise agreement. The agreement provided for a fair and efficient workplace, including provisions for wages, hours of work, and other employment conditions. The Commission also found that the agreement was consistent with the objects of the Fair Work Act, including promoting high levels of economic and social participation, and providing for the protection of employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the inclusion of a dispute resolution clause.

The final orders included the approval of the agreement, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission and would have effect from 1 July 2018. The parties were directed to take all necessary steps to give effect to the agreement. The modifications to the agreement were to be incorporated into the text of the agreement and the parties were to provide a copy of the modified agreement to the Commission within 28 days of the decision.

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