John Holland Pty Ltd T/A John Holland Summary

[2024] FWCA 1257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Pty Ltd T/A John Holland

(AG2024/837)

PRW AGREEMENT 2024

Rail industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 8 APRIL 2024

Application for approval of the PRW Agreement 2024

An application has been made for approval of an enterprise agreement known as the PRW Agreement 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 Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 13 December 2022 and the Agreement was made on 7 March 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Rail, Tram and Bus Industry Union (the ARTBIU), who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Rail, Tram and Bus Industry Union (the ARTBIU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ARTBIU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024. The nominal expiry date of the Agreement is 8 April 2026.

DEPUTY PRESIDENT

[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 that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

The case before the court involved John Holland Pty Ltd trading as John Holland, who applied for approval of the PRW Agreement 2024. The agreement pertained to the terms and conditions of employment for employees within the company. The dispute was heard in the Fair Work Commission, which is responsible for handling employment-related matters in Australia.

The primary legal issue before the court was whether the terms and conditions set out in the PRW Agreement 2024 were fair and reasonable, and whether they complied with the relevant legislative framework, including the Fair Work Act 2009. Specifically, the court needed to assess if the agreement appropriately balanced the interests of both the employer and the employees, and if it provided adequate protections and benefits to the workforce.

The court carefully reviewed the agreement, taking into consideration the submissions from both parties. The court found that the PRW Agreement 2024 was fair and reasonable, as it provided a balanced approach that met the statutory requirements under the Fair Work Act. The court was satisfied that the agreement offered appropriate protections and benefits to the employees and did not unduly favour the employer. Consequently, the court approved the PRW Agreement 2024, deeming it to be in the best interests of both parties involved.

John Holland Pty Ltd T/A John Holland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established