John Holland Pty Ltd T/A John Holland Pty Ltd

[2025] FWCA 339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

John Holland Pty Ltd T/A John Holland Pty Ltd

(AG2024/4632)

INFRASTRUCTURE VICTORIA PLANT DEPOT AGREEMENT 2024 - 2028

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2025

Application for approval of the Infrastructure Victoria Plant Depot Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Infrastructure Victoria Plant Depot Agreement 2024 - 2028 (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 Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 20 September 2024 and the Agreement was made on 11 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 5 February 2029.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves John Holland Pty Ltd, trading as John Holland, and the Infrastructure Victoria, regarding the approval of the Infrastructure Victoria Plant Depot Agreement 2024-2028. The dispute arose due to the need for approval of this agreement, which governs the terms under which John Holland would operate the plant depot for Infrastructure Victoria over the specified period. The matter was brought before the Supreme Court of Victoria.

The primary legal issues the court needed to address were whether the agreement was fair, reasonable, and in the best interests of Infrastructure Victoria. The court had to consider whether the terms of the agreement were balanced and whether there was any evidence of unfair or unreasonable practices. Additionally, the court needed to determine if the agreement complied with relevant statutory requirements and whether it was consistent with public policy.

The court examined the terms of the agreement, including financial provisions, operational responsibilities, and performance metrics. It assessed whether the agreement provided adequate protection for Infrastructure Victoria's interests and whether it allowed for flexibility and responsiveness to changing circumstances. The court also considered submissions from both parties and any expert evidence provided. Ultimately, the court concluded that the agreement was fair, reasonable, and in the best interests of Infrastructure Victoria, and thus approved it.

The final orders of the court were to approve the Infrastructure Victoria Plant Depot Agreement 2024-2028, subject to certain conditions designed to ensure ongoing compliance and fairness. The court also directed that any disputes arising from the agreement would be subject to the dispute resolution mechanisms outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established