John West Logistics Pty Ltd

[2020] FWCA 2532

[2020] FWCA 2532

FAIR WORK COMMISSION

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

<AE508050  PR719370>

Annexure A