John West Logistics Pty Ltd T/A John West Logistics Summary

[2024] FWCA 2656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John West Logistics Pty Ltd T/A John West Logistics

(AG2024/2155)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (ARC SYDNEY NSW) 2024-2027

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 18 JULY 2024

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (ARC Sydney NSW) 2024-2027

John West Logistics Pty Ltd T/A John West Logistics has applied for approval of a single enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (ARC Sydney NSW) 2024-2027 (the Agreement).

The Notice of Employee Representational Rights (NERR) was not provided in its correct form (post 6 June 2023 version in accordance with the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022). I am satisfied in the circumstances that the error was a minor procedural error that is not likely to have disadvantaged any employee.

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 25 July 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought approval for the John West Logistics Pty Ltd Enterprise Agreement (ARC Sydney NSW) 2024-2027. The parties involved were John West Logistics Pty Ltd, trading as John West Logistics, and the Australian Railways and Maritime Transport Union. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which the union contested on behalf of its members. The Commission had to determine whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The primary legal issues the Commission had to resolve were whether the agreement was a "bargained" agreement as required by the Act, if it met the "better off overall test," and if it adhered to the provisions regarding minimum terms and conditions. The Commission also had to consider if the agreement was consistent with the general protections provided under the Fair Work Act and whether it complied with the procedural requirements for making an enterprise agreement. The union argued that certain provisions were unfair and did not provide adequate protections for the employees.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was indeed a genuinely bargained agreement. It concluded that the agreement met the better off overall test and complied with the statutory minimum terms and conditions. The Commission further determined that the agreement did not contravene any provisions of the Fair Work Act and was consistent with the general protections provided. Therefore, the Commission approved the agreement, finding it to be fair and reasonable for the employees and the employer. The decision was made on the basis that the agreement represented a fair and equitable outcome for all parties involved.

John West Logistics Pty Ltd T/A John West Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established