John Holland Pty Ltd T/A John Holland

[2022] FWCA 178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland

(AG2021/9056)

John Holland Pty Ltd Rail New South Wales Agreement 2022

Rail industry
COMMISSIONER WILLIAMS	PERTH, 21 JANUARY 2022

Application for approval of the John Holland Pty Ltd Rail New South Wales Agreement 2022

An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Rail New South Wales 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 T/A John Holland. 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 Australian Rail, Tram and Bus Industry Union (NSW Branch) 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 28 January 2022. The nominal expiry date of the Agreement is 31 December 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John Holland Pty Ltd trading as John Holland, sought approval for an enterprise agreement under the Fair Work Act 2009. The agreement, referred to as the John Holland Pty Ltd Rail New South Wales Agreement 2022, was the subject of the application before the Fair Work Commission. The dispute arose from the negotiation process and the terms contained within the agreement, which aimed to govern the employment conditions of employees within John Holland's Rail New South Wales operations. The Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The primary legal issues the Commission needed to address were whether the agreement had been made in accordance with the provisions of the Fair Work Act and whether it contained the necessary good faith elements. Specifically, the Commission had to consider whether the agreement was made without coercion, undue influence, or other improper conduct, and whether it included provisions that were fair and reasonable in all aspects. Additionally, the Commission had to assess whether the agreement met the standards set by the Act for ensuring fair and efficient workplace relations.

In reaching its decision, the Commission examined the process through which the agreement was negotiated and concluded that the agreement had been made in good faith. The Commission found that the negotiation process was conducted fairly and transparently, with no evidence of coercion or undue influence. Furthermore, the terms of the agreement were considered fair and reasonable, taking into account the interests of both the employer and the employees. The Commission concluded that the agreement met all necessary statutory requirements and was thus eligible for approval. The Commission approved the John Holland Pty Ltd Rail New South Wales Agreement 2022, recognising its compliance with 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