John West Logistics Pty Ltd

Case •

[2023] FWCA 1527

•

29 MAY 2023
[2023] FWCA 1527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John West Logistics Pty Ltd

(AG2023/1380)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (ARC NEWCASTLE) 2023-2026

Road transport industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 29 MAY 2023

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (ARC NEWCASTLE) 2023-2026

  1. An application has been made for approval of an enterprise agreement to be known as the John West Logistics Pty Ltd Enterprise Agreement (ARC NEWCASTLE) 2023-2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John West Logistics Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 22 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model consultation clause

  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.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 5 April 2023.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520150  PR762570>

Annexure A

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