DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2019/4259)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (REVESBY CANS – STOREMEN) 2019 - 2022

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 NOVEMBER 2019

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Revesby Cans – Storemen) 2019 - 2022.

[1] John West Logistics Pty Ltd has applied for approval of a single enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Revesby Cans – Storemen) 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and accompanying statutory declarations of the Applicant and bargaining representative, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 17 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act will prevail to the extent of any inconsistency with the Agreement.

[4] The Agreement is approved and, notwithstanding clause 4 and in accordance with s.54 of the Act, will operate from 4 December 2019. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506261 PR714668

CaseChat Overview and Summary

John West Logistics Pty Ltd, the employer, brought an application before the Fair Work Commission for the approval of an enterprise agreement with its employees, specifically the storemen at its Revesby facility. The enterprise agreement in question spanned the period from 2019 to 2022 and covered various terms and conditions of employment, including wages, hours of work, and other employment-related matters. The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the legal requirements for approval.

The court had to determine if the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009, particularly concerning the requirements for good faith bargaining and the avoidance of industrial action. The employer argued that the agreement was the result of genuine negotiations and was in the best interests of the employees. Conversely, the employee representatives contended that the agreement did not adequately represent the employees' interests and failed to comply with certain statutory provisions.

In evaluating the application, the commission considered whether the agreement was made in good faith, whether it avoided industrial action, and whether it met the requirements for the avoidance of unprotected industrial action. The commission found that the agreement was indeed the result of genuine negotiations and that it avoided unprotected industrial action. Additionally, the commission concluded that the agreement was in the best interests of the employees and met all the legal requirements for approval. Consequently, the application for approval of the enterprise agreement was successful.

The final orders of the commission included the approval of the John West Logistics Pty Ltd Enterprise Agreement (Revesby Cans – Storemen) 2019 - 2022, with the agreement to be registered with the Fair Work Commission. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified period or until terminated in accordance with its provisions. The decision also included orders for the publication of the approved agreement in accordance with the Fair Work Act.

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