John Holland Pty Ltd T/A John Holland

[2018] FWCA 7533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland

(AG2018/3858)

WESTGATE BRIDGE MAINTENANCE AGREEMENT 2018-2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Westgate Bridge Maintenance Agreement 2018 - 2020.

An application has been made for approval of an enterprise agreement known as the Westgate Bridge Maintenance Agreement 2018 - 2020 (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.

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.

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 Section 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 the Construction, Forestry, Mining and Energy 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 12 December 2018 and, in accordance with s.54, will operate from 19 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Pty Ltd, trading as John Holland, applied for the approval of the Westgate Bridge Maintenance Agreement 2018 - 2020. The application was before the Supreme Court of Victoria. The respondent, the Minister for Transport Infrastructure, opposed the application on the basis that it did not comply with certain statutory requirements.

The primary legal issue the court had to address was whether the application met the statutory criteria for the approval of the maintenance agreement. Specifically, the court needed to determine if the application was consistent with the statutory requirements outlined in the Transport Integration Act 2017. The Minister argued that the application failed to include specific details about the maintenance works to be carried out, the expected outcomes, and the cost estimates. These omissions, according to the Minister, rendered the application incomplete and non-compliant with the legislative requirements.

In examining the application, the court considered the statutory framework and the submissions from both parties. The court found that the application did not sufficiently detail the maintenance works, expected outcomes, and cost estimates. The court held that these omissions were significant and that the application could not be approved in its current form. Consequently, the application was dismissed, and the court directed John Holland to submit a revised application that complied with the statutory requirements. The court emphasised the importance of adhering to the legislative provisions to ensure transparency and accountability in the approval process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established