DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2018/1142)

JOHN HOLLAND AND ETU VICTORIAN RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2017 – 2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2018

Application for approval of the John Holland and ETU Victorian Rail Infrastructure Enterprise Agreement 2017 – 2021.

[1] An application has been made for approval of an enterprise agreement known as the John Holland and ETU Victorian Rail Infrastructure Enterprise Agreement 2017 – 2021 (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] The Applicant 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of John Holland Pty Ltd trading as John Holland and the Electrical Trades Union, the Fair Work Commission was called upon to approve a proposed enterprise agreement between the parties. The agreement covered the period from 2017 to 2021 and sought to set out the terms and conditions of employment for employees of John Holland who were members of the Electrical Trades Union. The central dispute revolved around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically concerning the agreement's compliance with the ‘better off overall test’ and its alignment with the national workplace relations system.

The primary legal issues the Commission was required to decide were whether the proposed agreement provided employees with terms and conditions that were no worse than those they would receive under the relevant awards, and whether it met the criteria for being a ‘single’ agreement. The Commission had to determine if the agreement provided a safety net of minimum wages, entitlements and conditions, and whether it offered genuine improvements to the employees. Additionally, the Commission considered whether the agreement contained any provisions that were contrary to the national workplace relations system.

The Fair Work Commission found that the proposed agreement did indeed meet the necessary criteria for approval. The Commission concluded that the agreement provided employees with terms and conditions that were no worse than those provided under the relevant awards and provided a safety net of minimum wages, entitlements and conditions. The Commission also found that the agreement offered genuine improvements to the employees, such as the introduction of a new leave provision. Furthermore, the Commission determined that the agreement was a ‘single’ agreement, meaning that it covered all employees in a particular enterprise or group of enterprises. The Commission found that the agreement was consistent with the national workplace relations system and did not contain any provisions that were contrary to it.

The Fair Work Commission approved the proposed enterprise agreement between John Holland and the Electrical Trades Union, subject to certain modifications. The modifications related to the calculation of penalty rates and the provision of shift differentials, and were made to ensure that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission also made an order that the agreement would commence on the first day of the third month after the date of the decision, to allow for the necessary implementation processes to take place.

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