DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2020/802)

INFRASTRUCTURE VICTORIA PLANT DEPOT AGREEMENT 2020 - 2024

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 APRIL 2020

Application for approval of the Infrastructure Victoria Plant Depot Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Victoria Plant Depot Agreement 2020 - 2024 (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 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 14 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Pty Ltd T/A John Holland applied to the Court for approval of the Infrastructure Victoria Plant Depot Agreement 2020 - 2024. The dispute centred on the terms and conditions of the agreement between John Holland and Infrastructure Victoria, focusing on the financial and operational aspects of the plant depot services. The matter was heard in the Supreme Court of Victoria.

The primary legal issues the court had to address were whether the agreement's terms were fair and reasonable, and if they complied with relevant statutory requirements. The court also needed to determine if the agreement adequately protected the interests of both parties and if it was in the public interest to approve the agreement.

The court examined the detailed provisions of the agreement, considering the financial arrangements, the scope of services, and the respective obligations of John Holland and Infrastructure Victoria. It assessed whether the agreement provided a fair and equitable balance of benefits and responsibilities. The court found that the agreement was fair and reasonable and that it complied with the statutory requirements set out in the Infrastructure Act 2013. The court also concluded that the agreement was in the public interest, as it facilitated the efficient operation of the plant depot services.

The court approved the Infrastructure Victoria Plant Depot Agreement 2020 - 2024, recognising its compliance with statutory requirements and its fairness and reasonableness. This decision allows for the continuation of the plant depot services under the agreed terms and conditions.

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