SCE Transport and Logistics Pty Limited

[2021] FWCA 7082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCE Transport and Logistics Pty Limited
(AG2021/8582)

SCE TRANSPORT AND LOGISTICS PTY LIMITED ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 DECEMBER 2021

Application for approval of the SCE Transport and Logistics Pty Limited Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the SCE Transport and Logistics Pty Limited Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SCE Transport and Logistics Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 10 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SCE Transport and Logistics Pty Limited sought approval for the SCE Transport and Logistics Pty Limited Enterprise Agreement 2021, which was made between the company and its employees. The application was brought before the Fair Work Commission, where the primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly in terms of ensuring fair and reasonable terms and conditions of employment. The employees' representatives argued that certain provisions of the agreement did not adequately address their members' interests.

The central legal issues before the Commission involved whether the agreement complied with the statutory obligations of providing for fair and reasonable terms and conditions, and whether it contained adequate provisions for the protection of employees' interests. The Commission needed to assess if the agreement included necessary minimum terms and conditions as required by law, and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission, in its decision, carefully examined the provisions of the enterprise agreement against the statutory requirements. The Commission determined that while the agreement contained many provisions that were fair and reasonable, certain clauses did not sufficiently protect the employees' interests. However, the Commission found that the overall agreement met the statutory obligations and was in the best interests of the employees. Consequently, the Commission approved the agreement, subject to specific modifications that addressed the concerns raised about the employees' protection.

In its final orders, the Fair Work Commission approved the SCE Transport and Logistics Pty Limited Enterprise Agreement 2021, with the specified modifications to ensure it met all statutory requirements and provided for fair and reasonable terms and conditions of employment. The decision was made in the interests of both the employer and the employees, maintaining a balance between their respective needs and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established