| [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
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.
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.
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.
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.
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.
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
- AGLC
- John West Logistics Pty Ltd T/A John West Logistics Pty Ltd [2023] FWCA 1560
- Case
- [2023] FWCA 1560
- Decision Date
CaseChat Overview and Summary
The key legal issues addressed by the court included whether the agreement was fairly and reasonably negotiated, if it met the requirements of the Fair Work Act 2009, and if it was in the best interest of the employees. The court needed to determine whether the agreement provided for a fair and reasonable outcome for the employees and if the application met the necessary criteria for approval.
The court examined the evidence presented by both parties, including the negotiation process, the terms and conditions of the agreement, and the interests of the employees. The court found that the agreement was fairly and reasonably negotiated and met the necessary statutory requirements. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was in their best interest. Therefore, the court approved the application for the enterprise agreement.
In conclusion, the court approved the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations Newcastle) NSW 2023 - 2026, finding it to be fairly and reasonably negotiated and in the best interest of the employees. The court found that the agreement met the necessary statutory requirements and provided for fair and reasonable terms and conditions for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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