John Holland Pty Ltd T/A John Holland Pty Ltd Summary

[2022] FWCA 760

The attached document replaces the document previously issued with the above code on 3 March 2022.

Agreement title in paragraph [1] has been updated.

Joseph Creese
Associate to Deputy President Beaumont

4 March 2022.

[2022] FWCA 760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland Pty Ltd

(AG2022/355)

John Holland Pty Ltd WA Rail Agreement 2022

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 MARCH 2022

Application for approval of the John Holland Pty Ltd WA Rail Agreement 2022

John Holland Pty Ltd T/A John Holland Pty Ltd has made an application for the approval of an enterprise agreement known as the John Holland Pty Ltd WA Rail Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant states that notification time for the Agreement was 15 September 2021, and that the last notice of representational rights was provided to new employees in the work group on 28 October 2021, some 43 days after the notification time. In circumstances where this sits contrary to s 173(3) of the Act and constitutes a technical error as understood by reference to s 188(2) of the Act, I am satisfied that such an error constituted a minor technical error and that the employees covered by the Agreement would not likely be disadvantaged by the error.[1]

On the basis of the material contained in the application and accompanying declarations, 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.

The Australian Rail, Tram and Bus Industry Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 3 March 2022 and, in accordance with s 54, will operate from 10 March 2022. The nominal expiry date of the Agreement is 10 March 2025.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were John Holland Pty Ltd, trading as John Holland Pty Ltd, and the Fair Work Commission (FWC). The dispute centred on the approval of the John Holland Pty Ltd WA Rail Agreement 2022. The FWC was asked to consider the application for the agreement, which aimed to set out the terms and conditions of employment for employees engaged by John Holland Pty Ltd in Western Australia for rail-related projects. The case was heard in the Fair Work Commission, with the decision being made by a delegate of the President of the FWC.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of whether it provided for fair and reasonable terms and conditions of employment, and whether it was an individual agreement or a workplace determination. Another key issue was whether the agreement complied with the process requirements for its approval, including whether the agreement had been subject to proper bargaining and whether there had been adequate consultation with employees.

The FWC delegate considered the evidence presented and concluded that the John Holland Pty Ltd WA Rail Agreement 2022 met the requirements of the Fair Work Act. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and was an individual agreement, not a workplace determination. The FWC delegate also found that the agreement had been subject to proper bargaining and that there had been adequate consultation with employees. Therefore, the FWC approved the agreement.

The final orders of the FWC were that the John Holland Pty Ltd WA Rail Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the FWC's decision and would apply to employees engaged by John Holland Pty Ltd in Western Australia for rail-related projects.

John Holland Pty Ltd T/A John Holland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established