John Holland Pty Ltd

[2013] FWCA 5690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd
(AG2013/7848)

JOHN HOLLAND PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the John Holland Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] 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

In the Federal Court of Australia, the matter of John Holland Pty Ltd was heard, involving an application for the approval of the John Holland Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant, John Holland Pty Ltd, sought the court's approval of the agreement between the company and the Australian Workers' Union, which was intended to govern employment conditions at the Roy Hill Greenfields site. The legal issues that arose in this case focused on whether the agreement was fair and appropriate for the employees, as required by the Fair Work Act 2009.

The court considered whether the agreement provided fair and appropriate terms and conditions for the employees, including remuneration, work arrangements, and dispute resolution mechanisms. In evaluating the agreement, the court examined whether the terms and conditions were consistent with the principles of the Fair Work Act, which emphasises the importance of fairness and flexibility in the workplace. Furthermore, the court assessed whether the agreement appropriately balanced the interests of the employer and employees, ensuring that the terms were not overly advantageous to one party at the expense of the other.

The court concluded that the John Holland Pty Ltd Roy Hill AWU Greenfields Agreement 2013 was fair and appropriate for the employees, given the unique circumstances of the project and the need for flexibility in the workplace. The court found that the agreement provided fair terms and conditions for the employees, taking into account the nature of the work, the location of the project, and the need for efficient and effective operations. The court also determined that the agreement appropriately balanced the interests of the employer and employees, as it provided for a transparent and accessible dispute resolution process. Therefore, the court approved the agreement, finding that it complied with the requirements of the Fair Work Act.

In light of the court's decision, the John Holland Pty Ltd Roy Hill AWU Greenfields Agreement 2013 was approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment conditions at the Roy Hill Greenfields site, providing a fair and appropriate framework for the employees and the employer to work together. The approval of this agreement demonstrates the court's commitment to upholding the principles of fairness and flexibility in the workplace, as enshrined in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established