John West Logistics Pty Ltd T/A John West Logistics Pty Ltd
[2023] FWCA 1613
•2 JUNE 2023
| [2023] FWCA 1613 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
John West Logistics Pty Ltd T/A John West Logistics Pty Ltd
(AG2023/1337)
JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS COFFS HARBOUR) NSW 2023 – 2026
| Road transport industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 2 JUNE 2023 |
Application for approval of the John West Logistics Pty Ltd EnterpriseAgreement (Stramit Operations Coffs Harbour) NSW 2023 - 2026
An application has been made for the approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Coffs Harbour) NSW 2023 – 2026 (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 (the Applicant). The Agreement is a single enterprise agreement.
In response to some preliminary concerns raised by the Commission, the Applicant has provided written undertakings (‘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 bargaining representative has indicated their acceptance of the undertakings provided. Pursuant to s.201(3) the undertakings are taken to be a term of the Agreement.
The original declaration filed by the Applicant in support of the application indicated that the employee vote to approve the agreement was done by way of a ‘show of hands’ in the presence of both the employee bargaining representative and a management representative or representatives. In response to a concern raised by the Commission that this may have given rise to reasonable grounds for believing the agreement has not been genuinely agreed to by the employees[1], the Applicant provided two further statutory declarations. These declarations confirmed that the content of the original declaration was, in this respect, the result of an internal miscommunication and that no management representatives were present when the employees voted to approve the agreement.
Having regard to the matters referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 15 February 2026.
DEPUTY PRESIDENT
[1] See section 188(1)(c).
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