DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2015/6441)

JOHN HOLLAND PTY LTD PLANT & EQUIPMENT FACILITY AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the John Holland Pty Ltd Plant & Equipment Facility Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Plant & Equipment Facility Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd applied to the Federal Court for approval of the John Holland Pty Ltd Plant & Equipment Facility Agreement 2015. The application was made pursuant to the Corporations Act 2001 (Cth) which governs company resolutions and the approval of certain agreements. The primary dispute centred around whether the company had properly followed its internal procedures and whether the proposed agreement was in the best interests of the company and its shareholders. The court was tasked with determining if the application should be approved and if the company had adhered to the legal requirements.

The legal issues before the court included whether the resolution to approve the agreement was passed in accordance with the company's constitution and the Corporations Act. Additionally, the court had to consider whether the terms of the agreement were fair and reasonable to the company and its shareholders, and whether the company had properly informed its shareholders of the resolution and the agreement. The court also needed to assess if the application met the criteria for approval under the relevant sections of the Corporations Act.

In its decision, the court found that the company had followed its internal procedures correctly and that the resolution to approve the agreement was valid. The court held that the terms of the agreement were fair and reasonable, and that the company had adequately informed its shareholders. The court concluded that the application met the statutory criteria for approval and that the agreement was in the best interests of the company and its shareholders. The court approved the application, allowing the company to proceed with the agreement as proposed.

The court's final orders included the approval of the John Holland Pty Ltd Plant & Equipment Facility Agreement 2015, recognising the validity of the company's procedures and the fairness of the agreement. The decision provided clarity for the company and its shareholders, enabling them to move forward with the proposed facility agreement.

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