John West Logistics Pty Ltd

[2021] FWCA 1465

[2021] FWCA 1465

FAIR WORK COMMISSION

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

<AE510795  PR727876>