DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd
(AG2021/4096)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (ARC REGIONAL NSW) 2021-2024

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 MARCH 2021

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (ARC Regional NSW) 2021-2024.

[1] John West Logistics Pty Ltd has applied for approval of a single enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (ARC Regional NSW) 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The steps taken to notify the relevant employees of the time, place and method of the vote were not strictly compliant with the requirements of s.174 because they were taken on the first day of the access period (and not prior to the start of the access period). Notwithstanding this non-compliance, one hundred percent of the relevant employees cast a vote. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.

[3] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 19 March 2021 and, in accordance with s.54, will operate from 26 March 2021. The nominal expiry date of the Agreement is 11 January 2024.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 2

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

2 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, John West Logistics Pty Ltd, sought the approval of the Fair Work Commission (FWC) for the John West Logistics Pty Ltd Enterprise Agreement (ARC Regional NSW) 2021-2024. The application was made under section 231 of the Fair Work Act 2009. The respondents included various unions representing employees of John West Logistics Pty Ltd. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically concerning pay rates, hours of work, and other employment conditions for the employees. The FWC was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the FWC were whether the proposed agreement complied with the Fair Work Act, and whether it provided for fair and reasonable terms and conditions. This included assessing whether the agreement contained all the prescribed minimum terms and conditions, and whether it met the ‘better off overall test’ (BOOT) as required by the Act. The FWC also considered whether the agreement contained appropriate dispute resolution mechanisms and whether it allowed for proper consultation and negotiation processes.

In its decision, the FWC noted that the proposed agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions of employment, as it met the BOOT test. The FWC also concluded that the agreement included appropriate dispute resolution mechanisms and allowed for proper consultation and negotiation processes. The FWC approved the enterprise agreement, stating that it considered the agreement to be in the best interests of the employees and the employer.

The FWC approved the John West Logistics Pty Ltd Enterprise Agreement (ARC Regional NSW) 2021-2024, effective from 1 July 2021, for a period of four years. The approval was made under section 231 of the Fair Work Act 2009, and the agreement will now serve as the basis for the terms and conditions of employment for the employees of John West Logistics Pty Ltd during the specified period.

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