DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Queensland Pty Limited
(AG2015/7587)

CNC AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2016

Application for approval of the CNC Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CNC Agreement 2015 (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 Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 11 January 2016. The nominal expiry date of the Agreement is 3 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John Holland Queensland Pty Limited applied to the Fair Work Commission for approval of the CNC Agreement 2015. The agreement was intended to govern the employment terms and conditions of employees within the company. The application was brought before the Commission following objections from various employee representatives. The legal issues the court was required to decide included whether the agreement met the statutory requirements for approval, including whether it provided for minimum terms, whether it was genuinely negotiated, and whether it complied with other provisions of the Fair Work Act 2009. The court found that the agreement did meet the statutory requirements. The Commission approved the CNC Agreement 2015, determining that it provided for the minimum terms, was genuinely negotiated, and complied with the Act. The court considered the evidence and arguments presented by the parties and found that the agreement was fair and reasonable, and met the criteria for approval under the Act. The court's decision was based on a comprehensive analysis of the evidence and the relevant legal principles. The final orders of the court were that the CNC Agreement 2015 be approved, and that the agreement be registered with the Fair Work Commission. The court's decision provides clarity for employers and employees in relation to the approval of enterprise agreements under the Fair Work Act 2009.

John Holland Queensland Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established