John Holland Pty Ltd

[2023] FWCA 2576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2023/2372)

JOHN HOLLAND PTY LTD WA RAIL PLANT SERVICES AGREEMENT 2023

Rail industry
COMMISSIONER MCKINNON	SYDNEY, 16 AUGUST 2023

Application for approval of the John Holland Pty Ltd WA Rail Plant Services Agreement 2023

John Holland Pty Ltd has applied for approval of a single enterprise agreement known as the John Holland Pty Ltd WA Rail Plant Services Agreement 2023 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 23 August 2023. The nominal expiry date of the Agreement is 16 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by John Holland Pty Ltd for the approval of the John Holland Pty Ltd WA Rail Plant Services Agreement 2023. The application was brought before the relevant court to ensure that the terms of the agreement were fair and reasonable and that they complied with applicable labour laws and regulations.

The primary legal issues addressed by the court were whether the terms of the agreement were consistent with the Fair Work Act 2009 and whether the agreement provided appropriate protections for employees. The court had to consider whether the agreement met the criteria for approval under the legislation, particularly in terms of ensuring that it did not undermine the rights of workers or diminish the protections afforded to them under existing industrial instruments.

The court carefully examined the provisions of the agreement, considering its impact on employee entitlements, working conditions, and dispute resolution mechanisms. It assessed whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was appropriately balanced to avoid disadvantaging employees. The court concluded that the agreement was compliant with the Fair Work Act and met the necessary criteria for approval, as it did not undermine the rights of workers and provided adequate protections.

Consequently, the court approved the John Holland Pty Ltd WA Rail Plant Services Agreement 2023, confirming its compliance with labour laws and its fairness to employees. This decision allows the agreement to be implemented, providing a framework for the terms of employment between John Holland Pty Ltd and its workers in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established