John West Logistics Pty Ltd

[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

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.

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.

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.

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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Erskine Park) NSW 2023 – 2026. The application was brought by John West Logistics, seeking the Commission's endorsement of the enterprise agreement that governs the terms and conditions of employment for its employees within the specified operational scope. The legal issues at the heart of this matter revolve around whether the agreement complies with the provisions of the Fair Work Act 2009, particularly concerning the process by which the agreement was made and its adherence to the relevant criteria for approval.

The Commission examined the process by which the agreement was negotiated and the manner in which it was presented to the employees. Key considerations included whether the agreement was genuinely negotiated, whether it was made in good faith, and whether it met the specific requirements outlined in the Fair Work Act. The Commission also considered whether the agreement appropriately covered all the necessary matters and whether it provided for proper consultation mechanisms between the employer and the employees. In assessing these issues, the Commission reviewed the evidence provided by the parties and considered the broader context of industrial relations in Australia.

After careful consideration of the evidence and legal principles applicable to enterprise agreements, the Fair Work Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement was genuinely negotiated, made in good faith, and covered all required matters. Furthermore, the Commission was satisfied that the agreement provided for adequate consultation mechanisms between the employer and the employees. As a result, the Commission approved the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Erskine Park) NSW 2023 – 2026, thereby endorsing it as a legally binding instrument governing the employment terms for the specified period.

In light of the approval, the Commission made an order formalising the agreement as a registered enterprise agreement under the Fair Work Act 2009. This order ensures that the agreement will have the full force of law and will govern the employment conditions for the employees of John West Logistics within the specified operational scope from the effective date of the agreement. The order also mandates that both the employer and the employees abide by the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established