DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2018/7351)

JOHN HOLLAND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2019

Application for approval of the John Holland Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2019.

[1] 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) Enterprise Agreement 2016 - 2019 (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 T/A John Holland. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved John Holland Pty Ltd trading as John Holland and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the approval of the Enterprise Agreement 2016-2019. The union sought approval of the agreement under section 230 of the Fair Work Act 2009, asserting that it met the criteria for registration as a single-enterprise agreement. John Holland opposed the application on the grounds that the agreement was not a genuine enterprise agreement as it did not comply with the requirements of the Act.

The court had to determine whether the proposed agreement was a genuine enterprise agreement within the meaning of the Fair Work Act. Key issues included whether the agreement had been negotiated in good faith, whether it was made without coercion, and if it met the specific criteria for approval as set out in the Act. Additionally, the court considered the implications of the parties' conduct during the negotiation process and whether the agreement was fair and reasonable in all its terms.

In reaching its decision, the Fair Work Commission carefully examined the evidence provided by both parties. It found that the agreement had been negotiated in good faith and without coercion. The Commission also concluded that the agreement was fair and reasonable, taking into account the interests of both employees and employers. The Commission noted that the agreement contained provisions that were beneficial to both parties, including provisions on wages, conditions of employment, and dispute resolution mechanisms. Based on these findings, the Commission approved the Enterprise Agreement 2016-2019.

The final orders of the Commission included the approval of the Enterprise Agreement 2016-2019, with specific terms and conditions as outlined in the agreement. The Commission mandated that the agreement would be registered and enforceable under the Fair Work Act. Both parties were directed to comply with the terms of the agreement, which would govern the employment conditions of the employees for the specified period.

John Holland Pty Ltd T/A John Holland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established