DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2016/5915)

JOHN HOLLAND PTY LTD NEW SOUTH WALES CIVIL AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the John Holland Pty Ltd New South Wales Civil Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd New South Wales Civil Agreement 2016 (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, 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 10 October 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd, an engineering and construction company, applied for the approval of a new enterprise agreement with its New South Wales employees. The application was made under section 233 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an agreement if it is satisfied that the agreement meets certain criteria, such as providing for fair and reasonable terms and conditions, and not being detrimental to the national economy. The dispute arose from disagreements between the company and the employees over the terms and conditions of employment, including pay rates, working hours, and redundancy provisions.

The primary legal issues that the Commission needed to address were whether the proposed agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement would have a detrimental effect on the national economy, and whether the agreement was in the best interests of the employees. The Commission needed to balance the rights and interests of both the employer and employees in making its decision.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement was not detrimental to the national economy and was in the best interests of the employees. The Commission found that the agreement provided for adequate pay rates, reasonable working hours, and fair redundancy provisions. The Commission also noted that the agreement had been negotiated in good faith between the parties and that the employees had been given adequate opportunity to provide input into the agreement. The Commission approved the agreement, subject to certain conditions, including the requirement that the agreement be registered with the Australian Building and Construction Commission.

The final orders of the Commission were that the proposed agreement be approved, subject to registration with the Australian Building and Construction Commission, and that the agreement be published on the Fair Work Commission's website. The Commission also ordered that the agreement be registered with the Australian Building and Construction Commission within 14 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