DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2015/4274)

JOHN HOLLAND PTY LTD KOORAGANG ISLAND PLANT YARD AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2015

Application for approval of the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Kooragang Island Plant Yard 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 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John Holland Pty Ltd, applied for the approval of the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2015. The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's (FWC) endorsement of the agreement. The application arose from negotiations between John Holland Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute concerned the terms and conditions of employment for employees working at the Kooragang Island Plant Yard.

The key legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act, specifically sections 231 and 232, which mandate that an enterprise agreement must be in writing, provide for a fair and efficient way of determining wages and other terms and conditions of employment, and be certified by the FWC. The CFMEU contested the application, arguing that the agreement did not adequately address certain provisions, particularly those related to shift patterns and penalties for breaches of rostered days off.

The FWC, in considering the arguments presented, assessed the agreement against the statutory criteria outlined in the Fair Work Act. The Commission determined that the agreement sufficiently provided for a fair and efficient way of determining wages and other terms and conditions of employment. It found that the agreement was comprehensive and balanced the interests of both the employer and the employees. The FWC also concluded that the agreement did not contravene any provisions of the Act or the public interest. Therefore, the FWC approved the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2015, endorsing it as a certified agreement under the Fair Work Act.

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