DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd T/A John West Logistics
(AG2019/1166)

JOHN WEST LOGISTICS PTY LTD AND TRANSPORT WORKERS' UNION ENTERPRISE AGREEMENT (ORORA CONTRACT - DRIVERS) NSW 2019-2022

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 MAY 2019

Application for approval of the John West Logistics Pty Ltd and Transport Workers' Union Enterprise Agreement (Orora Contract - Drivers) NSW 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd and Transport Workers’ Union Enterprise Agreement (Orora Contract - Drivers) NSW 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John West Logistics Pty Ltd T/A John West Logistics. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 May 2019 and, in accordance with s.54, will operate from 28 May 2019. The nominal expiry date of the Agreement is 2 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John West Logistics Pty Ltd, trading as John West Logistics, applied for approval of an enterprise agreement with the Transport Workers' Union. The agreement concerned drivers employed under the Orora contract in New South Wales for the period 2019-2022. The Fair Work Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court needed to determine if the agreement satisfied the requirements for registration as a "single interest" enterprise agreement, specifically whether it covered employees with a single interest, and if the agreement had been made in good faith. It also needed to consider if the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off financially than under their previous awards or agreements.

The Commission found that the agreement did indeed cover employees with a single interest and was made in good faith. It also found that the agreement met the BOOT, as employees were not disadvantaged financially. The agreement was therefore approved as a certified agreement under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between John West Logistics Pty Ltd and the Transport Workers' Union, effective from 1 July 2019 to 30 June 2022. The agreement was registered as a certified agreement, providing a framework for employment conditions for the specified period.

John West Logistics Pty Ltd T/A John West Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established