DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2021/332)

JOHN HOLLAND PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 FEBRUARY 2021

Application for approval of the John Holland Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd / CFMEU Collective Agreement 2019-2023 (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, 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 3 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Pty Ltd T/A John Holland applied for the approval of the John Holland Pty Ltd / CFMEU Collective Agreement 2019-2023. The dispute was heard in the Fair Work Commission. The central issue before the court was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The agreement in question contained provisions relating to employment terms and conditions, dispute resolution, and penalties for breaches. The applicant argued that the agreement was necessary for maintaining industrial harmony and ensuring fair and reasonable terms of employment.

The court examined whether the agreement complied with the requirements set forth in the Fair Work Act. This included assessing whether the agreement provided for a fair and efficient system for resolving disputes and whether it contained terms that were reasonable and necessary for the protection of employees and employers. The court also considered whether the agreement met the public interest test, ensuring that it did not undermine the broader objectives of the Fair Work Act. The court found that the agreement provided a fair and efficient system for dispute resolution and that its terms were reasonable and necessary for maintaining industrial harmony. Additionally, the agreement was deemed to meet the public interest test.

In light of the above findings, the court approved the John Holland Pty Ltd / CFMEU Collective Agreement 2019-2023. The approval signifies that the agreement is legally binding and enforceable for the specified period. The decision reinforces the importance of collective bargaining in achieving fair and reasonable terms of employment while maintaining industrial harmony.

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