DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2018/759)

CFMEU / JOHN HOLLAND PTY LTD NEW SOUTH WALES BUILDING AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the CFMEU / John Holland Pty Ltd New South Wales Building Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the CFMEU / John Holland Pty Ltd New South Wales Building Agreement 2017-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the CFMEU / John Holland Pty Ltd New South Wales Building Agreement 2017-2018. The matter arose from a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and John Holland Pty Ltd, a construction company based in New South Wales, regarding the terms of their proposed enterprise agreement. The central issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. The Commission had to consider if the agreement had been fairly and genuinely negotiated and if it contained provisions that were necessary for the protection of employees’ rights and interests. This involved scrutinising the negotiation process, assessing the agreement's fairness, and ensuring that it did not unfairly disadvantage either party.

The Fair Work Commission found that the agreement had been fairly and genuinely negotiated and contained provisions that were necessary for the protection of employees' rights and interests. The Commission noted the extensive negotiation process undertaken by the parties and the inclusion of provisions that addressed key issues such as wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees. The Commission approved the agreement, and it will now be binding on the parties involved.

The Fair Work Commission's decision to approve the agreement ensures that the terms of employment between the CFMEU and John Holland Pty Ltd are legally binding and provide a framework for future industrial relations between the parties. The approval of the agreement is a significant outcome for both the union and the employer, as it establishes certainty and stability in their relationship. The decision also reinforces the importance of fair and genuine negotiation in the industrial relations process.

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