Lauren Brigham T/A Sct Opco Pty Ltd Trading As Sct Logistics
[2025] FWCA 398
•31 JANUARY 2025
| [2025] FWCA 398 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lauren Brigham T/A Sct Opco Pty Ltd Trading As Sct Logistics
(AG2024/5256)
SCT LOGISTICS ALTONA OPERATIONS ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER LIM | PERTH, 31 JANUARY 2025 |
Application for approval of the SCT Logistics Altona Operations Enterprise Agreement 2024
Lauren Brigham T/A Sct Opco Pty Ltd Trading As Sct Logistics (the Applicant) has made an application for the approval of an enterprise agreement known as the SCT Logistics Altona Operations Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
a) Clause 12 expresses the entitlement to annual leave in days rather than weeks. This may be inconsistent with s 87 of the Act.
b) Clause 13.3 of the Agreement appears to require employees to provide notice of absence on personal leave “as early as possible but no later than at least one hour prior to the rostered start time” of the shift. This may be inconsistent with s 107 of the Act which requires that employees provide notice as soon as practicable, which may be at a time after the leave has started.
c) Clause 14.2 of the Agreement provides that “an employee may be terminated at any time whilst on probation”. It is unclear if probationary employees will be provided with notice of termination in accordance with s 117 of the Act.
However, I am satisfied that under clause 5.4 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 31 January 2025 and, in accordance with s 54, will operate from 7 February 2025. The nominal expiry date of the Agreement is 14 June 2027.
COMMISSIONER
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