John West Logistics Pty Ltd Trading AS John West Logistics Summary

[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

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

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

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.

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

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

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by John West Logistics Pty Ltd, trading as John West Logistics, seeking approval of an enterprise agreement for its Opal drivers in New South Wales. The agreement, which spans from 2025 to 2028, was negotiated between the company and the relevant union representatives. The dispute centred on whether the proposed terms and conditions outlined in the agreement met the legal requirements under the Fair Work Act 2009, particularly in relation to the minimum entitlements and procedural fairness.

The central legal issue before the court was whether the agreement adequately protected the minimum entitlements of the drivers as stipulated by the Fair Work Act, and whether the bargaining process was conducted in good faith and met procedural fairness requirements. The commission had to ensure that the agreement did not unfairly disadvantage any party and complied with the statutory minimum standards set forth by the Act. Additionally, the court examined if the process followed in negotiating and finalising the agreement was transparent and inclusive.

The Fair Work Commission determined that the proposed agreement met the statutory requirements and was in line with the Fair Work Act. The commission found that the agreement provided for minimum entitlements that were not less favourable than those provided by the applicable award or the National Employment Standards. Furthermore, the bargaining process was deemed to have been conducted in good faith, with all necessary steps taken to ensure procedural fairness. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the John West Logistics Pty Ltd Enterprise Agreement (Opal Drivers) NSW 2025 - 2028, affirming that it complied with the statutory requirements and was fair and reasonable. The agreement was thus formally endorsed, and the dispute resolved in favour of the applicant.

John West Logistics Pty Ltd Trading AS John West Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established