DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland Rail Pty Ltd
(AG2019/4020)

JOHN HOLLAND RAIL PTY LTD COUNTRY REGIONAL NETWORK (CRN) AGREEMENT 2019

Rail industry
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2019

Application for approval of the John Holland Rail Pty Ltd Country Regional Network (CRN) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the John Holland Rail Pty Ltd Country Regional Network (CRN) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by John Holland Rail Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Rail, Tram and Bus Industry 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 3 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Holland Rail Pty Ltd, a company involved in railway infrastructure projects, sought approval for the John Holland Rail Pty Ltd Country Regional Network (CRN) Agreement 2019. The application was brought before the Australian Industrial Relations Commission to secure authorisation of the agreement, which outlined terms and conditions for employees within the company's regional network projects. The dispute centred on whether the agreement adequately met the legal requirements for approval, including provisions for employee protection and procedural fairness.

The court was tasked with determining if the agreement complied with the necessary legislative criteria, particularly under the Fair Work Act 2009. This involved scrutinising the agreement to ensure it was made in good faith, provided for procedural fairness, and did not disadvantage employees. The court also had to consider whether the agreement appropriately balanced the interests of the employer and employees, as well as whether it was appropriately registered and submitted within the stipulated timeframes.

Upon review, the court found that the agreement substantially complied with the legislative requirements. The court was satisfied that the agreement was made in good faith and provided adequate procedural fairness mechanisms. Additionally, the court found that the agreement did not disadvantage employees and appropriately balanced the interests of the parties involved. The court approved the agreement, noting that while there were minor procedural issues, they did not significantly impact the overall fairness or compliance of the agreement.

The final orders included the approval of the John Holland Rail Pty Ltd CRN Agreement 2019, subject to minor amendments to address the identified procedural issues. The court mandated that the company submit the revised agreement within a specified timeframe to ensure full compliance with the Fair Work Act. This decision ensures that the agreement can proceed, providing a framework for the management of employee relations in the company's regional network projects.

John Holland Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established