John Holland Queensland Pty Ltd T/A John Holland Queensland Pty Ltd

[2022] FWCA 1070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Queensland Pty Ltd T/A John Holland Queensland Pty Ltd

(AG2022/753)

John Holland Queensland Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MARCH 2022

Application for the approval of the John Holland Queensland Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the John Holland Queensland Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 T/A John Holland Queensland Pty Ltd. The Agreement is a single enterprise agreement.

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 Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Queensland Pty Ltd, trading as John Holland Queensland, applied for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard by the Fair Work Commission (FWC) to ensure the agreement met the necessary legal standards for industrial relations. The primary dispute centred on whether the proposed terms and conditions within the agreement were consistent with the Fair Work Act 2009 (Cth) and other relevant industrial instruments.

The legal issues before the FWC involved scrutinising the proposed agreement to determine if it provided fair and reasonable terms and conditions for the employees covered by the agreement, including any minimum wage and penalty rate provisions, leave entitlements, and dispute resolution mechanisms. Additionally, the FWC had to ensure the agreement did not unfairly discriminate against any employee or group of employees.

In reaching its decision, the FWC evaluated the terms of the agreement against the Fair Work Act and relevant awards and enterprise agreements. The FWC considered submissions from both John Holland Queensland and the CFMEU, focusing on the reasonableness and fairness of the proposed terms. The Commission found that the agreement was fair and reasonable, as it provided for appropriate wage rates, leave entitlements, and a dispute resolution process that was accessible and fair to both parties. Consequently, the FWC approved the collective agreement, finding it compliant with the relevant legislative and industrial standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established