DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2021/4278)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (INFRABUILD) ACT 2021-2024

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 8 APRIL 2021

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Infrabuild) ACT 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Infrabuild) ACT 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John West Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2021. The nominal expiry date of the Agreement is 11 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

John West Logistics Pty Ltd applied for the approval of their Enterprise Agreement (Infrabuild) ACT 2021-2024. The application was heard by the Fair Work Commission. The dispute centred on whether the terms of the agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to the procedural fairness and the balance of interests between the employer and the employees.

The court had to determine if the application process was conducted in a manner that complied with procedural fairness and if the agreement itself was fair and balanced. This included examining whether the employer had genuinely negotiated the agreement and whether the agreement adequately protected the interests of the employees. The court also needed to consider if the agreement complied with the national minimum standards of the Fair Work Act.

The Fair Work Commission found that the application process had been conducted fairly and that the agreement met the necessary criteria for approval. The agreement was deemed to be fair and balanced, and it was concluded that the employer had genuinely negotiated the agreement with the employees. The court approved the Enterprise Agreement, finding that it complied with the statutory requirements and adequately protected the interests of the employees. As a result, the agreement was approved and registered under the Fair Work Act.

John West Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established