John West Logistics Pty Ltd

[2019] FWCA 4585

[2019] FWCA 4585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2018/6572)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (BRAESIDE DRIVERS) VICTORIA 2018-2021

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 2 JULY 2019

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Braeside Drivers) Victoria 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Braeside Drivers) Victoria 2018-2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2019. The nominal expiry date of the Agreement is 16 August 2021.

COMMISSIONER

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