John Holland Pty Ltd Summary

[2014] FWCA 1195

FAIR WORK COMMISSION

DECISION

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

John Holland Pty Ltd
(AG2014/278)

JOHN HOLLAND PTY LTD RAIL DRIVERS AGREEMENT 2014

Rail industry
COMMISSIONER CARGILL	SYDNEY, 19 FEBRUARY 2014

Application for approval of the John Holland Pty Ltd Rail Drivers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Rail Drivers Agreement 2014 (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 greenfields agreement.

[2] The Agreement does contain a consultation term however, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[4] In accordance with s.187(5)(a) of the Act I am satisfied that the Australian Rail, Tram and Bus Industry Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2014. The nominal expiry date is 30 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, John Holland Pty Ltd, sought approval of the John Holland Pty Ltd Rail Drivers Agreement 2014. The dispute arose from the negotiation and proposed implementation of the agreement, which aimed to regulate the terms and conditions of employment for rail drivers within the company. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its compliance with the Fair Work Act 2009.

The legal issues before the Commission were centred on the procedural fairness of the negotiation process, the bargaining power of the parties involved, and the overall compliance of the agreement with the statutory requirements. Specifically, the Commission needed to assess whether the agreement had been made in good faith, whether it was fair and reasonable, and if it appropriately balanced the interests of both employers and employees.

After considering the evidence presented, the Commission found that the agreement had been made in good faith and was fair and reasonable. The Commission noted that the negotiation process was transparent and involved the active participation of both parties. Furthermore, the agreement adequately balanced the interests of the employer and the employees, providing reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant legislative provisions.

The Fair Work Commission approved the John Holland Pty Ltd Rail Drivers Agreement 2014. The Commission's decision was based on the evidence that the agreement was made in good faith, was fair and reasonable, and appropriately balanced the interests of both parties. The approval of the agreement will now allow it to be implemented, governing the terms and conditions of employment for rail drivers within John Holland Pty Ltd.

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