John West Logistics Pty Ltd Summary

[2023] FWCA 1573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John West Logistics Pty Ltd

(AG2023/1537)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (DUX WAREHOUSE - NSW) 2023-2026

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 JUNE 2023

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (DUX WAREHOUSE - NSW) 2023-2026

John West Logistics Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (DUX WAREHOUSE - NSW) 2023-2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 1 June 2023 and, in accordance with s 54, will operate from 8 June 2023. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John West Logistics Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement (DUX WAREHOUSE - NSW) 2023-2026. The application was made in response to the union's objections to the proposed terms of the agreement. The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely bargained, whether it complied with the minimum entitlements under the National Employment Standards, and whether it met the "better off overall test" as required by the Fair Work Act 2009. The union argued that the proposed agreement failed to provide fair and reasonable terms for the employees and did not meet the genuine bargaining requirement. The employer argued that the agreement had been negotiated in good faith and provided fair and reasonable terms.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission found that the agreement had been genuinely bargained, complied with the minimum entitlements under the National Employment Standards, and met the better off overall test. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees and was in the best interests of the employer and the employees. The application for approval of the Enterprise Agreement was therefore approved.

The Fair Work Commission ordered that the John West Logistics Pty Ltd Enterprise Agreement (DUX WAREHOUSE - NSW) 2023-2026 be approved as a registered agreement under the Fair Work Act 2009. The agreement will be registered and will apply to the employees covered by the agreement from 1 July 2023. The union's objections to the proposed agreement were dismissed.

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