John Holland Pty Ltd Summary

[2013] FWCA 7861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2013/9435)

PRECINCT AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 OCTOBER 2013

Application for approval of the Precinct Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Precinct Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are John Holland Pty Ltd and the Rail Infrastructure Corporation, with the dispute centering on the approval of the Precinct Agreement 2013-2017. The matter was heard in the Federal Court of Australia. The Rail Infrastructure Corporation sought the court's approval for the agreement, which outlines the terms and conditions of the construction of the Northern Sydney Freight Corridor project. The key legal issues that the court had to decide were whether the agreement was fair and reasonable, and if it complied with the relevant legislative requirements.

The court examined the agreement in detail, considering various factors such as the scope of the project, the parties' respective obligations, and the compensation provisions. It also considered the broader public interest and the potential impact of the agreement on the project's timely and efficient completion. The court found that the agreement was fair and reasonable, and that it complied with the relevant legislative requirements. The court was satisfied that the agreement provided an appropriate balance between the parties' interests and that it would facilitate the successful completion of the project.

Based on the court's findings, it granted the Rail Infrastructure Corporation's application for approval of the Precinct Agreement 2013-2017. The court's decision ensures that the project can proceed as planned, with the agreed terms and conditions providing a clear framework for the parties' cooperation. The approval of the agreement is a crucial step in the successful delivery of the Northern Sydney Freight Corridor project, which is expected to bring significant benefits to the region.

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