John West Logistics Pty Ltd T/A JWL

[2021] FWCA 678

[2021] FWCA 678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd T/A JWL
(AG2020/4183)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (ARC SYDNEY NSW) 2020-2023

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (ARC Sydney NSW) 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (ARC Sydney NSW) 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John West Logistics Pty Ltd T/A JWL. The Agreement is a single enterprise agreement.

[2] On 2 February 2021, my Chambers wrote to the Applicant in relation to two preliminary issues, relating to the coverage of the Agreement and the Better Off Overall Test (BOOT) in light of the fact that the Agreement incorporates the Road Transport and Distribution Award 2020 (the Award).

[3] Firstly, clause 3 of the Agreement covers persons employed in any of the occupations within the scope of the Award. However, I noted that the Agreement provides rates of pay for only two classifications, and therefore it did not appear to cover all classifications set out in the Award. In response, the Applicant indicated that the company only operates two types of vehicles which is reflected in the classifications and rates of pay set out in Appendix 1 of the Agreement. I am satisfied that the submission provided by the Applicant resolves the question of coverage of the Agreement.

[4] Secondly, I raised concerns that if the Applicant was to engage junior and trainee employees, it appears that they would be paid at Award rates and therefore they would not be better off overall under the Agreement. In response to this concern, the Applicant’s representative confirmed that junior and trainee employees are not permitted by law to operate the heavy vehicles operated by the Grade 4 and Grade 6 classifications covered by the Agreement. I am satisfied that the submission provided by the Applicant resolves the issue concerning the BOOT.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and in accordance with s.54, will operate from 18 February 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

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