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

Annexure A

CaseChat Overview and Summary

John West Logistics Pty Ltd, trading as John West Logistics Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement pertains to its employees in the Stramit Operations at Maddington, Western Australia, for the period from 2018 to 2021. The primary dispute arose from the need to ensure the proposed agreement met all legal and procedural requirements as mandated by the Fair Work Act 2009. The Commission was tasked with evaluating the fairness and compliance of the agreement with relevant labour laws.

The legal issues before the Commission included whether the agreement had been fairly negotiated and if it complied with the Fair Work Act's provisions. A critical aspect of the evaluation was whether the agreement adequately covered all mandatory terms and conditions and if it was in the best interest of the employees. The Commission also considered whether the agreement was consistent with the principles of enterprise bargaining and whether any potential detriments to employees were justified or appropriately mitigated.

The Fair Work Commission found that the proposed enterprise agreement had been fairly negotiated and was compliant with the Fair Work Act. The Commission was satisfied that the agreement covered all mandatory terms and conditions and was in the best interests of the employees. The Commission noted that the agreement provided for reasonable terms and conditions and did not result in any undue detriment to the employees. Consequently, the Commission approved the agreement for the specified period.

The final orders of the Commission included the approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit Operations) Maddington WA 2018 - 2021, subject to the terms and conditions outlined in the approved agreement. The Commission's decision emphasised the importance of ensuring that enterprise agreements are fairly negotiated and comply with all legal requirements, while also considering the interests and welfare of the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established