DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2020/2348)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) NSW 2020 - 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 27 AUGUST 2020

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) NSW 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) NSW 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by John West Logistics Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 August 2020.

[3] On 24 August 2020, my Chambers corresponded with the parties seeking clarification about aspects of the Agreement and the Applicant was invited to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 25 August 2020. The undertaking deals with the following topics:

• The Road Transport Distributions Award 2020 (the Award) is incorporated into the Agreement and where there is an inconsistency, the Agreement will prevail.

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• Any reference to the Road Transport Distributions Award 2010, should be read as 2020 and clause 10 of the Agreement should refer to clause 32 of the Award.

• Any request for personal leave will be processed in accordance with s.107(3) of the Act.

• Any shift work arrangements that do not continue for 5 consecutive shifts will be paid at 150% for the first 3 hours and 200% for the balance of each shift.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of John West Logistics Pty Ltd, the applicant sought approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) NSW 2020 - 2023. The applicant was the employer, and the dispute arose from the negotiation and subsequent application for the approval of the enterprise agreement between the employer and its employees represented by the Transport Workers Union. The matter was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over workplace relations and enterprise agreements.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions of the Act that mandate good faith bargaining, the inclusion of minimum entitlements, and the avoidance of matters that are not genuinely in the interests of the parties. The applicant argued that the agreement was the product of genuine negotiations and contained all necessary terms and conditions of employment. The union, on the other hand, raised concerns about certain provisions of the agreement, including the handling of shift allowances and the definition of "work."

The Fair Work Commission assessed the evidence presented by both parties and examined the terms of the enterprise agreement against the statutory requirements. The Commission found that the agreement was the result of genuine bargaining and contained all necessary terms and conditions. While acknowledging some concerns raised by the union, the Commission concluded that the agreement did not contain any provisions that were contrary to the interests of the employees or that failed to meet the statutory minimum entitlements. As a result, the Commission approved the enterprise agreement, finding that it met the necessary legal standards.

The final orders of the Commission were that the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) NSW 2020 - 2023 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the approval, and all parties were bound by its terms and conditions.

John West Logistics 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