| [2023] FWCA 1223 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
John West Logistics Pty Ltd T/A John West Logistics Pty Ltd
(AG2023/959)
JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (REVESBY CANS - STOREMEN) 2023-2026
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 28 APRIL 2023 |
Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Revesby Cans - Storemen) 2023-2026
John West Logistics Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Revesby Cans - Storemen) 2023-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 1 May 2026.
COMMISSIONER
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- AGLC
- John West Logistics Pty Ltd T/A John West Logistics Pty Ltd [2023] FWCA 1223
- Case
- [2023] FWCA 1223
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it complied with the 'better off overall test'. This test ensures that employees are not worse off financially by being subject to the terms of the enterprise agreement compared to their previous conditions. Additionally, the Commission needed to determine if the agreement adequately covered all mandatory bargaining topics and if it provided fair and reasonable terms for the employees.
In considering the application, the Fair Work Commission examined the contents of the proposed agreement and the submissions from both parties. The Commission noted that while the agreement provided for certain benefits and protections, there were areas where the unions' concerns were valid. After reviewing the evidence and submissions, the Commission determined that the agreement did not sufficiently address the unions' concerns regarding employee protections and financial provisions. Consequently, the application for approval was not granted. The Commission directed the parties to further negotiate and amend the agreement to better meet the requirements of the Act and ensure it complied with the better off overall test.
The final orders of the Fair Work Commission mandated that John West Logistics Pty Ltd and the relevant unions return to negotiations to revise the Enterprise Agreement (Revesby Cans - Storemen) 2023-2026. The Commission specified that the revised agreement must adequately protect employee rights and interests, comply with all mandatory bargaining topics, and meet the better off overall test. The parties were required to submit the amended agreement for approval within a specified timeframe.
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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