John Holland Pty Ltd Summary

[2024] FWCA 4392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2024/4635)

JOHN HOLLAND PTY LTD NEW SOUTH WALES CIVIL AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 DECEMBER 2024

Application for approval of the John Holland Pty Ltd New South Wales Civil Agreement 2024 - 2028

John Holland Pty Ltd has made an application for approval of an enterprise agreement known as the John Holland Pty Ltd New South Wales Civil Agreement 2024 - 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers’ Union (AWU) and the Construction, Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AWU and the CFMEU.

The Agreement was approved on 10 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter are John Holland Pty Ltd, an engineering and construction company, and its employees' union. They have brought an application before the Fair Work Commission (FWC) to approve a new enterprise agreement, the John Holland Pty Ltd New South Wales Civil Agreement 2024-2028. The agreement pertains to the terms and conditions of employment for employees in the civil construction sector of John Holland's operations in New South Wales. The dispute primarily revolves around whether the proposed agreement meets the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC were whether the proposed agreement was fairly negotiated and if it complied with the provisions of the Fair Work Act. Specifically, the FWC needed to consider if the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The FWC also examined whether the agreement was in the best interests of the employees and if it adhered to the relevant provisions concerning procedural fairness and employee protections.

The FWC found that the agreement was fairly negotiated and met the criteria for approval. The court noted that both parties had demonstrated a commitment to good faith negotiations, and the agreement contained all the required minimum terms and conditions. The FWC also concluded that the agreement was in the best interests of the employees and was procedurally fair. The employees' union had provided adequate representation, and the agreement did not contravene any provisions of the Fair Work Act.

The FWC approved the John Holland Pty Ltd New South Wales Civil Agreement 2024-2028, setting it to take effect from the specified date. The agreement now governs the employment terms and conditions for the relevant employees during the specified period.

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