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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved John West Logistics Pty Ltd and its employees, specifically the Braeside Drivers, who were seeking approval for the Enterprise Agreement (Braeside Drivers) Victoria 2018-2021. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, particularly with regard to the minimum entitlements and the procedural fairness in the negotiation process. The court also had to consider the fairness and reasonableness of the agreement in the context of the broader labour market and industrial relations framework.

The Fair Work Commission assessed whether the agreement provided for the minimum entitlements as prescribed by the Fair Work Act and whether it was free from any illegal or unfair content. The court examined the process by which the agreement was negotiated and whether it was conducted in a procedurally fair manner. Furthermore, the Commission considered the economic and social context in which the agreement was proposed, to determine if it was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission found that the agreement did meet the statutory requirements and was procedurally fair, as well as fair and reasonable in the broader context.

In its decision, the Fair Work Commission approved the Enterprise Agreement (Braeside Drivers) Victoria 2018-2021, finding that it complied with the legal standards set out in the Fair Work Act and was both procedurally fair and substantively reasonable. The Commission noted that the agreement provided for all minimum entitlements, was free from any unfair or illegal content, and was negotiated in a fair process. The economic and social considerations were also found to support the agreement's reasonableness. The Commission's approval was based on a comprehensive analysis of the agreement's provisions and the context in which it was negotiated. The Commission ordered that the Enterprise Agreement (Braeside Drivers) Victoria 2018-2021 be approved and registered with the Fair Work Commission.

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