John West Logistics Pty Ltd Trading AS John West Logistics

Case •

[2025] FWCA 706

•

24 FEBRUARY 2025
[2025] FWCA 706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

John West Logistics Pty Ltd Trading AS John West Logistics

(AG2025/297)

JOHN WEST LOGISTICS PTY LTD ENTERPRISE AGREEMENT (OPAL DRIVERS) NSW 2025-2028

Road transport industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 24 FEBRUARY 2025

Application for approval of the John West Logistics Pty Ltd Enterprise Agreement (Opal Drivers) NSW 2025 - 2028

  1. An application has been made for approval of an enterprise agreement to be known as the John West Logistics Pty Ltd Enterprise Agreement (Opal Drivers) NSW 2025 - 2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by John West Logistics Pty Ltd Trading AS John West Logistics (Employer). The Agreement is a single enterprise agreement.

Agreement Variation

  1. There was an issue identified as to erroneous references made to the “Transport Workers Union” or “TWU” in the Agreement.  The TWU were not a bargaining representative for any employees covered by the Agreement.  On 21 February 2025, the Applicant filed with Chambers a clean and corrected version of the Agreement (removing references within the Agreement to the “Transport Workers Union” or “TWU”). I am satisfied that these corrections and/or amendments should be made to the Agreement, and that it is appropriate to do so.  Pursuant to s.218A(2)(b)(i) of the Act, I approve and make these corrections and amendments.  A consolidated and clean version of the Agreement reflecting the variations I have approved are now published with this decision.

Conclusion

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2025. The nominal expiry date of the Agreement is 5 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528147  PR784701>

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