John Holland Pty Ltd

[2022] FWCA 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2022/3481)

John Holland Pty Ltd Victorian Rail Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the John Holland Pty Ltd Victorian Rail Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Victorian Rail Enterprise Agreement 2022 – 2026 (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 single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 1 September 2022 and, in accordance with s.54, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, John Holland Pty Ltd applied for the approval of the Victorian Rail Enterprise Agreement 2022-2026, which was set to cover the company’s employees in Victoria. The application was made under section 236 of the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the statutory criteria for being approved as a registered agreement, particularly focusing on procedural fairness and the provisions concerning minimum wages and conditions.

The legal issues before the Commission included whether the agreement had been negotiated in good faith, if the necessary procedural steps were followed during the negotiation process, and whether the agreement met the requirements of the Fair Work Act in terms of providing for minimum wages and conditions. Additionally, the Commission examined whether the agreement contained any provisions that could be considered contrary to the public interest.

The Commission found that the agreement was negotiated in good faith and that all procedural steps were followed correctly. It determined that the agreement provided for minimum wages and conditions as required by the Fair Work Act. The Commission also concluded that none of the provisions in the agreement were contrary to the public interest. Therefore, the application for approval was granted. The Victorian Rail Enterprise Agreement 2022-2026 was approved and registered under section 186 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established