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

[2019] FWCA 1375

[2019] FWCA 1375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd T/A John West Logistics Pty Ltd
(AG2018/5745)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) MADDINGTON WA 2018 - 2021

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 MARCH 2019

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) Maddington WA 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) Maddington WA 2018 - 2021 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by John West Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[1] The Employer 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.

[2] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[1] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[2] 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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 7 March 2019 and, in accordance with s 54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 5 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502088  PR705459>

Annexure A