DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John West Logistics Pty Ltd T/A JWL
(AG2021/3934)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (STRAMIT & ROCLA OPERATIONS) ADELAIDE 2021 - 2024

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 12 MARCH 2021

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Stramit & Rocla Operations) Adelaide 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the John West Logistics Pty Ltd Enterprise Agreement (Stramit & Rocla Operations) Adelaide 2021 - 2024 (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] 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.

[3] I note that clause 6 of the Agreement operates to incorporate the Road Transport & Distribution Award 2020.

[4] The Agreement is approved and in accordance with s.54, will operate from 19 March 2021. The nominal expiry date of the Agreement is 28 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the case of John West Logistics Pty Ltd T/A JWL, the Fair Work Commission was tasked with approving an enterprise agreement. The applicant, John West Logistics Pty Ltd, sought approval for an agreement with its employees in the Stramit and Rocla operations located in Adelaide. The period covered by the agreement was from 2021 to 2024. The nature of the dispute centred on whether the proposed terms and conditions in the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court revolved around several critical aspects of the enterprise agreement. These included whether the agreement provided for the safety and welfare of employees, whether it adhered to minimum pay rates and conditions, and whether it complied with the process for approving the agreement as stipulated in the Fair Work Act. Furthermore, the court needed to assess whether the agreement was made in good faith and whether it met the requirements for being a "single interest" enterprise agreement.

In delivering its decision, the Fair Work Commission carefully examined the proposed terms and conditions of the enterprise agreement. It found that the agreement provided adequately for the safety, health, and welfare of the employees. The Commission also confirmed that the agreement did not fall below the minimum standards set out in the Fair Work Act. Additionally, the Commission was satisfied that the agreement had been made in good faith and that it complied with the necessary approval process. Consequently, the Fair Work Commission approved the John West Logistics Pty Ltd Enterprise Agreement (Stramit & Rocla Operations) Adelaide 2021-2024.

The final orders of the Fair Work Commission were that the enterprise agreement be approved as it complied with the requirements of the Fair Work Act. The approved agreement would now serve as the governing document for the employment terms and conditions between John West Logistics Pty Ltd and its employees in the Stramit and Rocla operations in Adelaide for the specified period.

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

Reasons for decision

Legal Principle Established