DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

John Holland Pty Ltd
(AG2015/2286)

JOHN HOLLAND PTY LTD RAIL QUEENSLAND AGREEMENT 2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 16 APRIL 2015

Application for approval of the John Holland Pty Ltd Rail Queensland Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Rail Queensland Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by John Holland Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have each given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers each of the organisations.

[4] I note that, although the CEPU wants to be covered by the Agreement, it does not support its approval. The ground of its objection is that the union does not consider the Agreement to be a good outcome although it does not suggest that it would fail the Better Off Overall Test. In response to an email from my Chambers the union indicated that it did not wish to be heard on the issue.

[5] Although I note the CEPU’s concerns, the legislation does not require the Fair Work Commission (FWC) to evaluate whether an agreement is a good outcome or not. Rather, it provides that, subject to satisfaction that the requirements of relevant sections have been met, the FWC must approve the agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved John Holland Pty Ltd, a construction company, which sought approval for the John Holland Pty Ltd Rail Queensland Agreement 2015. This agreement aimed to regulate the employment terms and conditions of its employees in Queensland. The application for approval was brought before the Fair Work Commission (FWC), an independent statutory body with jurisdiction over employment-related matters in Australia.

The primary legal issues before the FWC were whether the terms of the agreement were fair and appropriate for the employees covered by it. This required the FWC to consider whether the agreement provided for a safety net of minimum wages and conditions, allowed for flexibility in the workplace, and promoted efficient and productive workplace relations. The FWC also had to assess whether the agreement was made in good faith and whether the process leading to the agreement was fair.

The FWC found that the John Holland Pty Ltd Rail Queensland Agreement 2015 provided for a safety net of minimum wages and conditions and allowed for flexibility in the workplace. The agreement also promoted efficient and productive workplace relations. The FWC was satisfied that the agreement was made in good faith and that the process leading to the agreement was fair. The FWC approved the agreement, which will now apply to the employees of John Holland Pty Ltd in Queensland.

The FWC ordered that the John Holland Pty Ltd Rail Queensland Agreement 2015 be approved and registered with the Fair Work Commission. The agreement will now provide the basis for the employment terms and conditions of the employees covered by it.

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