John West Logistics Pty Ltd T/A John West Logistics

[2019] FWCA 3512

[2019] FWCA 3512

FAIR WORK COMMISSION

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

<AE503544  PR708541>