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

Case

[2023] FWCA 1560

1 JUNE 2023


[2023] FWCA 1560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1483)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS NEWCASTLE) NSW 2023 - 2026

Road transport industry

DEPUTY PRESIDENT BEAUMONT

PERTH, 1 JUNE 2023

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Newcastle) NSW 2023 - 2026

  1. John West Logistics Pty Ltd T/A John West Logistics Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Newcastle) NSW 2023 - 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings.  A copy of the undertakings is attached in 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.

  1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. He was provided with the opportunity to raise and address any objections he had to the undertakings proffered by the Applicant. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

  1. The Agreement was approved on 1 June 2023 and, in accordance with s 54, will operate from 8 June 2023.  The nominal expiry date of the Agreement is 15 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520183  PR762656>

Annexure A

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