John L Pierce Pty Ltd

[2023] FWCA 1806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John L Pierce Pty Ltd

(AG2023/1578)

JOHN L PIERCE SOUTHERN REGION DRIVERS AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 20 JUNE 2023

Application for approval of the John L Pierce Southern Region Drivers Agreement 2023.

John L Pierce Pty Ltd (the Employer) has made an application for the approval of the John L Pierce Southern Region Drivers Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2023. The nominal expiry date of the Agreement is 20 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of John L Pierce Pty Ltd, the applicant sought approval from the Fair Work Commission for the John L L Pierce Southern Region Drivers Agreement 2023. This industrial agreement aimed to regulate the employment terms and conditions of drivers in the southern region of Australia employed by the applicant company. The decision was made by the Fair Work Commission, which is tasked with overseeing industrial relations matters in Australia.

The primary legal issues that the Commission was required to address in granting approval related to the fairness and reasonableness of the proposed agreement. The Commission needed to determine whether the agreement complied with the criteria set out in the Fair Work Act 2009, which includes assessing whether the agreement promotes harmonious, productive and equitable workplace relationships. The applicant had to demonstrate that the agreement was not detrimental to the employees and that it had been negotiated in good faith.

In its decision, the Commission considered various factors, including the terms and conditions of employment proposed in the agreement, the process of negotiation, and the overall impact on the employees. The Commission found that the agreement met the necessary criteria for approval, as it did not undermine the rights and entitlements of the employees and had been negotiated in good faith. Consequently, the Commission granted approval for the John L Pierce Southern Region Drivers Agreement 2023, allowing it to come into effect as a registered agreement.

The Fair Work Commission approved the John L Pierce Southern Region Drivers Agreement 2023, effective from the date of the decision. The applicant company can now implement the terms and conditions outlined in the agreement, subject to compliance with the Fair Work Act 2009 and other relevant industrial relations laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established