John West Logistics Pty Ltd

Case

[2023] FWCA 3100

25 SEPTEMBER 2023


[2023] FWCA 3100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John West Logistics Pty Ltd

(AG2023/3158)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS ERSKINE PARK) NSW 2023 – 2026

Road transport industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 25 SEPTEMBER 2023

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Erskine Park) NSW 2023 – 2026

  1. An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Erskine Park) NSW 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by John West Logistics Pty Ltd T/A John West Logistics. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement does not contain a consultation term that meets the description in s205(1). 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.

  1. The Agreement was approved on 25 September 2023 and, in accordance with s.54, will operate from 2 October 2023. The nominal expiry date of the Agreement at clause 4 is 15 February 2026.


DEPUTY PRESIDENT
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