John West Logistics Pty Ltd Summary

[2025] FWCA 772

The attached document replaces the document previously issued with the above code on 28 February 2028.

Title of Agreement has now been updated.

Associate to Commissioner McKinnon

Dated 28 February 2025

[2025] FWCA 772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John West Logistics Pty Ltd

(AG2025/468)

JOHN WEST LOGISTICS PTY ENTERPRISE AGREEMENT (REVESBY CANS - DRIVERS) NSW 2024 - 2027

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 28 FEBRUARY 2025

Application for approval of the John West Logistics Pty Enterprise Agreement (Revesby Cans - Drivers) NSW 2024 - 2027

John West Logistics Pty Ltd has applied for approval of a single enterprise agreement known as the John West Logistics Pty Enterprise Agreement (Revesby Cans - Drivers) NSW 2024 - 2027 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 7 March 2025. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of an enterprise agreement by John West Logistics Pty Ltd. The enterprise agreement in question was the John West Logistics Pty Enterprise Agreement (Revesby Cans - Drivers) NSW 2024-2027. The dispute arose from concerns about the fairness and validity of the proposed agreement. The matter was heard in the Fair Work Commission. The Fair Work Commission was tasked with determining whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for the proper regulation of the terms and conditions of employment.

The primary legal issues the Commission had to resolve were whether the agreement was genuinely negotiated between the employer and the employees, and whether it contained all the required terms and conditions as stipulated by the Fair Work Act. The Commission also had to assess whether the agreement was procedurally fair and whether it complied with the substantive fairness standards. The Commission examined the negotiation process and the content of the agreement to determine if there were any breaches of the good faith bargaining requirements. Additionally, the Commission had to ensure that the agreement met all the statutory requirements, including the provision for dispute resolution mechanisms and the protection of employees' rights.

After a thorough examination of the negotiation process and the contents of the agreement, the Fair Work Commission concluded that the John West Logistics Pty Enterprise Agreement (Revesby Cans - Drivers) NSW 2024-2027 was fairly negotiated and met all the statutory requirements for approval. The Commission found that the agreement was made in good faith and contained all the necessary terms and conditions. The Commission determined that the negotiation process was fair, and the agreement provided for the proper regulation of the terms and conditions of employment. Consequently, the Fair Work Commission approved the enterprise agreement, confirming its validity and enforceability.

The final orders of the Commission included the approval of the John West Logistics Pty Enterprise Agreement (Revesby Cans - Drivers) NSW 2024-2027, effective from the date of the decision. The Commission's approval was subject to the agreement being registered with the Fair Work Commission and any subsequent amendments being made in accordance with the Fair Work Act. This decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment under the approved agreement.

John West Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established