DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd T/A JWL
(AG2020/4188)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (INFRABUILD VILLAWOOD) 2020-2023

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Infrabuild Villawood) 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Infrabuild Villawood) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John West Logistics Pty Ltd T/A JWL applied for approval of an enterprise agreement that covered its employees who were involved in the construction of a detention centre at Villawood. The respondents to the application were the Fair Work Commission and Infrabuild Australia Pty Ltd, the employer. The dispute centred around the fairness and validity of the proposed agreement, particularly in relation to the terms of employment, remuneration, and conditions for workers at the construction site.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely bargained, whether it contained the necessary provisions for employee protections, and if it provided adequate remuneration and conditions for the workers. The court also had to consider if the agreement was in the best interest of the employees and whether it complied with the provisions of the Act that require certain matters to be included in an enterprise agreement.

The court examined the process by which the agreement was negotiated and the extent to which the parties had genuinely bargained. It assessed the content of the agreement against the statutory criteria for approval, including the provisions for pay rates, hours of work, and other employment conditions. The court considered the submissions from both the applicant and the respondents, including the arguments about the fairness and reasonableness of the terms proposed in the agreement. The court concluded that the agreement met the necessary statutory requirements and was in the best interest of the employees, and therefore approved the agreement. The final orders confirmed the approval of the enterprise agreement and mandated its registration with the Fair Work Commission.

John West Logistics Pty Ltd T/A JWL

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established