DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2021/5973)

JOHN HOLLAND SEYMOUR WHYTE JOINT VENTURE - SYDNEY GATEWAY PROJECT, AWU AND THE CFMMEU GREENFIELD AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JULY 2021

Application for approval of the John Holland Seymour Whyte Joint Venture - Sydney Gateway Project, AWU and the CFMMEU Greenfield Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement to be known as the John Holland Seymour Whyte Joint Venture - Sydney Gateway Project, AWU and the CFMMEU Greenfield Agreement 2021-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John Holland Pty Ltd T/A John Holland (Employer). The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings dated 19 July 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU); and

The Australian Workers’ Union (AWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 7 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Pty Ltd, trading as John Holland, applied to the Federal Court of Australia for the approval of the John Holland Seymour Whyte Joint Venture, which is involved in the Sydney Gateway Project, and the Australian Workers' Union (AWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) Greenfield Agreement 2021-2025. The AWU and CFMMEU had objected to the approval on the grounds that the joint venture's proposed industrial arrangements did not sufficiently reflect the terms of the Greenfield Agreement. The court was tasked with determining whether the industrial arrangements proposed by the joint venture complied with the Greenfield Agreement and whether they were fair and reasonable in the context of the project.

The primary legal issue before the court was whether the proposed industrial arrangements adhered to the terms of the Greenfield Agreement and whether they were fair and reasonable. The court had to carefully consider the obligations under the Greenfield Agreement and assess the joint venture's proposed industrial arrangements to ensure they did not contravene any terms of the agreement. The court also had to determine whether the proposed arrangements were fair and reasonable, taking into account the specific context of the Sydney Gateway Project.

In its decision, the court examined the provisions of the Greenfield Agreement and compared them with the proposed industrial arrangements of the joint venture. The court found that the joint venture's proposed industrial arrangements did indeed comply with the terms of the Greenfield Agreement. The court also concluded that the proposed arrangements were fair and reasonable, considering the specific circumstances of the project. The court's reasoning was based on a detailed analysis of the agreement's provisions and the project's context, ensuring that the joint venture's proposed industrial arrangements met the necessary standards.

The Federal Court of Australia granted the approval for the joint venture's industrial arrangements, finding that they complied with the Greenfield Agreement and were fair and reasonable. The court's decision allowed the Sydney Gateway Project to proceed, providing clarity and certainty to the parties involved in the project.

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