John Holland Pty Ltd Summary

[2016] FWCA 1603

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2016/2352)

SOUTHERN REGION PLANT DEPOT AGREEMENT 2016 - 2019

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 15 MARCH 2016

Application for approval of the Southern Region Plant Depot Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Southern Region Plant Depot Agreement 2016 - 2019 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from

22 March 2016. The nominal expiry date of the Agreement is 14 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd applied for the approval of the Southern Region Plant Depot Agreement 2016 - 2019 under section 185 of the Fair Work Act 2009. The application was made to the Fair Work Commission. The agreement in question was intended to cover employees in the manufacturing and associated industries sector. The applicant, John Holland Pty Ltd, sought the court's approval for this enterprise agreement, which would set out the terms and conditions of employment for the employees within the specified period.

The primary legal issue before the court was whether the agreement met all the necessary requirements under the Fair Work Act 2009 to be approved and registered. Specifically, the court needed to verify that the agreement satisfied the conditions outlined in sections 186, 187, and 188 of the Act. These sections detail the criteria an enterprise agreement must meet, such as ensuring it is in good faith, free from coercion, and provides for the resolution of certain disputes.

The Commissioner found that all the requisite conditions were met, and thus the agreement was approved. The Southern Region Plant Depot Agreement 2016 - 2019 was registered and would come into effect from 22 March 2016. The nominal expiry date of the agreement was set for 14 March 2020. This decision affirmed the agreement's validity and allowed it to operate under the terms established, providing a framework for employment conditions until the set expiry date.

John Holland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established