John Holland Pty Ltd

[2022] FWCA 2898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2022/3395)

John Holland Pty Ltd New South Wales Plant Team Agreement 2022

Rail industry
DEPUTY PRESIDENT DEAN	CANBERRA, 25 AUGUST 2022

Application for approval of the John Holland Pty Ltd New South Wales Plant Team Agreement 2022.

An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd New South Wales Plant Team Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Holland Pty Ltd (Employer). 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. 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 Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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 recent decision of John Holland Pty Ltd, the Federal Circuit and Family Court of Australia was tasked with considering an application for approval of the John Holland Pty Ltd New South Wales Plant Team Agreement 2022. The application was brought by John Holland Pty Ltd, a civil engineering and construction company, seeking to have the proposed agreement approved under the Fair Work Act 2009. The dispute centred on the terms of the agreement, which aimed to regulate the employment conditions of the company's plant team in New South Wales, including matters such as wages, hours of work, and other conditions of employment.

The primary legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the court had to assess whether the agreement met the criteria for being a simple, fair, and effective agreement, as required by the Fair Work Act. This included determining if the agreement provided for a minimum rate of pay that was at least equal to the relevant award or registered agreement, and if the agreement was not likely to undermine the achievement of a better outcome for employees.

The court, in its reasoning, considered the submissions of both parties and the relevant legislative provisions. It found that the proposed agreement contained terms that were fair and reasonable and met the statutory requirements for approval. The court noted that the agreement provided for minimum rates of pay that were not less favourable than those in the relevant award or registered agreement, and that the agreement did not undermine the achievement of a better outcome for employees. Consequently, the court approved the agreement, finding that it was simple, fair, and effective, and met the criteria for approval under the Fair Work Act.

In light of the court's decision, the John Holland Pty Ltd New South Wales Plant Team Agreement 2022 was approved and will now govern the employment conditions of the company's plant team in New South Wales. This decision provides clarity for both the employer and the employees regarding the terms of their employment, and ensures that the agreement is in compliance with the requirements of 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