John West Logistics Pty Ltd T/A John West Logistics

[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

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.

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.

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).

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.
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

Annexure A

CaseChat Overview and Summary

In the recent decision, John West Logistics Pty Ltd T/A John West Logistics applied for approval of their Enterprise Agreement (Braeside Drivers) Victoria 2024 - 2027. The application was made to the Fair Work Commission, where the nature of the dispute centred around the terms and conditions of employment for drivers employed by John West Logistics, specifically those based at the Braeside location. The enterprise agreement in question sought to outline the remuneration, working hours, and other employment conditions for these drivers over the specified period.

The legal issues that the Commission was required to decide included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "better off overall" and "no detriment" tests. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it adhered to the procedural requirements set out in the legislation.

The Fair Work Commission carefully reviewed the application and the proposed enterprise agreement, considering the evidence and submissions provided by both John West Logistics and the union representatives. The Commission found that the proposed agreement met the necessary statutory requirements, including the better off overall and no detriment tests. Furthermore, the Commission was satisfied that the agreement was made in good faith and complied with the procedural requirements of the Fair Work Act. Consequently, the Commission approved the application, and the enterprise agreement was registered.

The final orders of the Commission were that the Enterprise Agreement (Braeside Drivers) Victoria 2024 - 2027, as submitted by John West Logistics, be approved and registered under the Fair Work Act 2009. This decision allows the agreement to come into effect, governing the employment conditions for the drivers at the Braeside location for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established