DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland
(AG2018/5816)

JOHN HOLLAND PTY LTD KOORAGANG ISLAND PLANT YARD AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 MARCH 2019

Application for approval of the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2018 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of John Holland Pty Ltd trading as John Holland, the applicant sought approval for the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2018. The applicant approached the Fair Work Commission to approve the proposed agreement, which was intended to govern the employment terms and conditions for certain workers at the Kooragang Island plant yard. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission needed to resolve included whether the agreement had been made in good faith, if it provided for the proper classification of employees, and whether it contained all the mandated terms and conditions. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and if it had been made without any improper conduct. The applicant argued that the agreement was fair and reasonable, and in the best interests of the employees, while no other party contested the application.

The Fair Work Commission found that the application for approval of the agreement was made in good faith and without any improper conduct. The Commission also determined that the agreement provided for the proper classification of employees and contained all the required terms and conditions. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable working conditions, including provisions for redundancy, overtime, and shift patterns. Consequently, the Commission approved the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2018.

The Fair Work Commission approved the John Holland Pty Ltd Kooragang Island Plant Yard Agreement 2018, finding it to be fair and reasonable, made in good faith, and in the best interests of the employees. The Commission's decision emphasised the importance of ensuring that agreements meet the necessary criteria for approval under the Fair Work Act 2009. This case serves as a reminder to employers and employees of the importance of adhering to the legal requirements when entering into enterprise agreements.

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