DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2016/3917)

PRW AGREEMENT 2016

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the PRW Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PRW 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] The Applicant 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE420875 PR584890>
Annexure A

CaseChat Overview and Summary

John Holland Pty Ltd sought approval of the PRW Agreement 2016, an agreement between the company and its employees concerning pay rates and working conditions. The dispute was heard by the Fair Work Commission, which was asked to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary issue was whether the agreement provided a safety net for employees and complied with other legislative requirements.

The court considered whether the agreement met the threshold criteria for approval, specifically whether it provided a safety net for employees and was not worse off overall. The agreement's provisions on pay rates, penalty rates, and other conditions were closely examined. The Commission assessed whether the agreement offered fair and reasonable terms and conditions, considering the views of both parties and the broader implications for the industry.

In its decision, the Fair Work Commission found that the PRW Agreement 2016 met the necessary criteria for approval. The agreement provided a safety net for employees by ensuring that their terms and conditions were at least as favourable as the applicable award or registered agreement. The Commission also noted that the agreement was not worse off overall and contained provisions that were fair and reasonable. Consequently, the Commission approved the agreement, subject to certain conditions.

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