DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2020/1161)

JOHN WEST PTY LTD ENTERPRISE AGREEMENT (WARWICK FARM FIBRE - STOREMEN) 2020 - 2022

Road transport industry
DEPUTY PRESIDENT DEAN	SYDNEY, 14 MAY 2020

Application for approval of the John West Pty Ltd Enterprise Agreement (Warwick Farm Fibre - Storemen) 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the John West Pty Ltd Enterprise Agreement (Warwick Farm Fibre - Storemen) 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John West Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The consultation term contained in Appendix 3 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] The Agreement contained some typographical errors in Appendix 1 and the Applicant has filed an amended Agreement page rectifying the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2020. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between John West Logistics Pty Ltd and its employees. The enterprise agreement, which was set to cover the period from 2020 to 2022, pertained to storemen working at Warwick Farm Fibre. The application was made by John West Logistics Pty Ltd, while the relevant union, the Transport and Maritime Officers’ Association (TMAO), was also involved in the proceedings.

The central legal issues that the Commission needed to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and if it contained the required minimum terms and conditions of employment. Furthermore, the Commission considered whether the agreement had been made in good faith and whether there was adequate consultation with the employees.

In its decision, the Commission found that the enterprise agreement was fair and reasonable, and it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were beneficial to the employees. The Commission was satisfied that the agreement had been made in good faith and that there had been adequate consultation with the employees. The Commission also found that the agreement contained the required minimum terms and conditions of employment and that it was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the John West Pty Ltd Enterprise Agreement (Warwick Farm Fibre - Storemen) 2020-2022. The approval is effective from the date of the decision and will remain in force until the end of the agreement's term, unless it is terminated earlier in accordance with its provisions.

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