John West Logistics Pty Ltd

[2025] FWCA 1005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

John West Logistics Pty Ltd

(AG2025/722)

JOHN WEST LOGISTICS PTY ENTERPRISE AGREEMENT (CEMENT AUST NSW) 2025-2028

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 MARCH 2025

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Cement Aust NSW) 2025-2028

An application has been made for approval of an enterprise agreement to be known as the John West Logistics Pty Ltd Enterprise Agreement (Cement Aust NSW) 2025-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John West Logistics Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2025. The nominal expiry date of the Agreement is 1 March 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were John West Logistics Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred on the proposed Enterprise Agreement (Cement Aust NSW) 2025-2028, which the employer sought to have approved by the Fair Work Commission (FWC). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009, specifically section 230, which mandates that agreements must be in writing, cover a defined period, and address terms and conditions of employment. Further, the court needed to assess if the agreement was made in good faith and whether it provided fair and reasonable terms to the employees. The CFMEU argued that certain provisions were unfair and did not meet the good faith requirement.

The FWC held that the Enterprise Agreement substantially complied with the statutory requirements. The court found that, while there were some minor deficiencies in the document's formatting, these did not materially affect its enforceability. The FWC also concluded that the agreement was made in good faith and that the terms were fair and reasonable, taking into account the broader industrial context. The court ultimately approved the Enterprise Agreement, finding that the minor deficiencies did not outweigh the overall fairness of the agreement.

The court ordered that the John West Logistics Pty Ltd Enterprise Agreement (Cement Aust NSW) 2025-2028 be approved and registered with the Fair Work Commission. The agreement would now govern the terms and conditions of employment for the employees represented by the CFMEU for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established