John Holland Pty Ltd

[2025] FWCA 1583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

John Holland Pty Ltd

(AG2025/1263)

JOHN HOLLAND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 12 MAY 2025

Application for approval of the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by John Holland Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 1 May 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2024 to 2027. The application was heard in the Fair Work Commission, which is tasked with the approval and registration of such agreements under Australian labour law. The dispute centred around whether the proposed agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009 and other relevant industrial relations provisions.

The primary legal issues before the Commission were whether the agreement was made freely and voluntarily, whether it contained all the mandated terms and conditions, and whether it was in the best interests of the employees. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it adequately protected the rights of employees while also considering the interests of the employer. Another aspect was the procedural fairness of the bargaining process leading to the agreement.

In delivering its decision, the Commission examined the evidence provided by both parties and assessed the content of the agreement against statutory requirements. It found that the agreement was indeed made freely and voluntarily, with evidence of a fair and transparent bargaining process. The Commission also confirmed that the agreement contained all the mandated terms and conditions, including those related to wages, hours of work, and other employment standards. The Commission was satisfied that the agreement was in the best interests of the employees as it provided for fair and reasonable terms, with adequate protections and benefits. The Commission concluded that the proposed agreement met all the necessary criteria for approval under the Fair Work Act.

Consequently, the Commission approved the enterprise agreement and ordered its registration, ensuring that it would come into effect on the specified dates. The approval was based on the finding that the agreement was fair, reasonable, and in compliance with all legal requirements. The decision underscored the importance of the Commission's role in facilitating fair and effective industrial relations outcomes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established