John Holland Pty Ltd Summary

[2022] FWCA 1974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd

(AG2022/1800)

John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 17 JUNE 2022

Application for approval of the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy 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 24 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application to approve a major civil contractor enterprise agreement between John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2020-2023. The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the proposed agreement, which aimed to establish the terms and conditions of employment for employees within the specified period.

The legal issues that the court needed to address centred on whether the proposed agreement complied with the requirements set forth in the Fair Work Act, specifically regarding the process by which the agreement was negotiated and whether it met the criteria for being a "simple, efficient and fair" agreement. Key aspects included verifying if the agreement was genuinely negotiated by both parties and if it contained provisions that were fair and reasonable in the context of the industry.

The court examined the evidence presented, which included testimonies and documentation showing that the agreement was indeed the result of genuine negotiations and contained provisions that were fair and reasonable. The court was satisfied that the agreement met the statutory requirements for approval, emphasising that the process followed was consistent with the principles of good faith bargaining and the need to achieve a balance between the interests of the employer and the employees. The court found that the agreement was fair and efficient, and therefore approved the enterprise agreement under the Fair Work Act.

The final order of the court was to approve the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023, recognising its compliance with the necessary legal standards and acknowledging the fair and reasonable nature of the agreement's provisions.

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