DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2019/3231)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT AND TAUREAN DOORS SYSTEMS OPERATIONS) VICTORIA 2019-2022

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (STRAMIT and TAUREAN DOORS SYSTEMS OPERATIONS) VICTORIA 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 (STRAMIT and TAUREAN DOORS SYSTEMS OPERATIONS) VICTORIA 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[3] On the basis of the material contained in the application and supporting materials, 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.

[4] The Agreement was approved on 18 September 2019 and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by John West Logistics Pty Ltd before the Fair Work Commission. The company sought approval of an enterprise agreement which had been made between the company and its employees represented by the Transport Workers Union of Australia. The employees covered by the agreement were involved in various roles including warehousing, distribution, and transport services in Victoria. The Transport Workers Union of Australia contested the application, raising concerns about the fairness and reasonableness of the agreement.

The key legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission also needed to assess if the agreement met the "better off overall test" (BOOT), meaning that employees would not be worse off financially by being under the agreement than they would be under the applicable award or registered agreement.

The Commission found that the agreement was made in good faith and contained fair and reasonable terms and conditions. It noted that the agreement provided for a number of benefits for employees, including wage increases and improved working conditions. The Commission also concluded that the agreement met the BOOT, as employees would be better off overall by being under the agreement. The Union's concerns about the fairness of certain provisions were addressed through amendments proposed by the company, which the Commission found to be satisfactory. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the John West Logistics Pty Ltd Enterprise Agreement (STRAMIT and TAUREAN DOORS SYSTEMS OPERATIONS) Victoria 2019-2022. The decision confirmed that the agreement met the legal requirements under the Fair Work Act 2009, and provided for fair and reasonable terms and conditions for the employees. The approval of the agreement now allows the company and its employees to operate under the terms set out in the enterprise agreement for the specified period.

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