John West Logistics Pty Ltd T/A John West Logistics

Case

[2024] FWCA 3608

16 OCTOBER 2024


[2024] FWCA 3608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John West Logistics Pty Ltd T/A John West Logistics

(AG2024/3585)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (BRAESIDE DRIVERS) VICTORIA 2024 - 2027

Road transport industry

DEPUTY PRESIDENT MILLHOUSE

MELBOURNE, 16 OCTOBER 2024

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Braeside Drivers) Victoria 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Braeside Drivers) Victoria 2024 - 2027 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by John West Logistics Pty Ltd T/A John West Logistics (Employer). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

  1. Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

  2. The Agreement is approved and, in accordance with s 54 of the Act will operate from 23 October 2024. The nominal expiry date of the Agreement is 12 August 2027.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE526403  PR780302>

Annexure A

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