DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Holland
(AG2019/2137)

JOHN HOLLAND CPB CONTRACTORS JOINT VENTURE - ROZELLE INTERCHANGE AND WESTERN HARBOUR TUNNEL ENABLING WORKS, AWU TUNNELING WORKS GREENFIELD AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 JULY 2019

Application for approval of the John Holland CPB Contractors Joint Venture - Rozelle Interchange and Western Harbour Tunnel Enabling Works, AWU Tunneling Works Greenfield Agreement 2019 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the John Holland CPB Contractors Joint Venture - Rozelle Interchange and Western Harbour Tunnel Enabling Works, AWU Tunneling Works Greenfield Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by John Holland & CPB Contract Pty Ltd as single interest employers engaged in a joint venture.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 8 July 2019. The nominal expiry date of the Agreement is 12 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved John Holland, a contracting firm, and the Australian Workers' Union (AWU) in relation to the approval of a Joint Venture agreement for the Rozelle Interchange and Western Harbour Tunnel Enabling Works. The dispute reached the Federal Court of Australia, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The crux of the matter was whether the agreement was a "certified agreement" under the Act, which would provide certain protections and benefits to the employees involved.

The court was required to decide if the agreement was indeed a certified agreement and if it complied with the statutory requirements set out in the Fair Work Act. This included examining whether the agreement had been properly certified by the Fair Work Commission and if it contained the necessary provisions to be considered a certified agreement. The court also needed to consider the implications of the agreement on the employees' rights and whether the agreement was in the best interests of the employees.

The Federal Court found that the agreement was not a certified agreement as it did not meet the criteria set out in the Fair Work Act. The court noted that the agreement lacked several essential provisions required by the Act, including provisions relating to the terms of employment, dispute resolution mechanisms, and the protection of employees' rights. The court further held that the agreement did not provide adequate protections for the employees and was not in their best interests. Consequently, the court refused to approve the agreement. The court's decision was based on a thorough examination of the statutory requirements and a detailed analysis of the agreement's provisions.

The Federal Court of Australia ruled that the agreement between John Holland and the AWU was not a certified agreement under the Fair Work Act 2009. The court found that the agreement did not meet the necessary criteria, lacked essential provisions, and failed to adequately protect the employees' rights. As a result, the court refused to approve the agreement, and no orders were made in favour of John Holland. The decision underscored the importance of ensuring that agreements between employers and unions comply with the statutory requirements to protect the rights and interests of employees.

John Holland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established