DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCE Transport and Logistics Pty Limited
(AG2020/2893)

SCE TRANSPORT AND LOGISTICS PTY LIMITED ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the SCE Transport and Logistics Pty Limited Enterprise Agreement 2020.

[1] Application has been made by SCE Transport and Logistics Pty Limited for approval of a single enterprise agreement known as the SCE Transport and Logistics Pty Limited Enterprise Agreement 2020 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 27 November 2020. The nominal expiry date of the Agreement is 6 September 2021.

[5] The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509583 PR724737>
Annexure A

CaseChat Overview and Summary

SCE Transport and Logistics Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The respondents, including several unions, objected to the proposed agreement, arguing it failed to comply with various provisions of the Fair Work Act 2009. The central dispute revolved around the fairness and compliance of the agreement, particularly concerning provisions related to wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the proposed agreement complied with the "better off overall test" and whether it was procedurally sound, including the adequacy of the consultation process and the fairness of its terms. The Commission needed to determine if the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions and if it was negotiated in good faith.

The Fair Work Commission, after considering the evidence and submissions, determined that the proposed agreement did meet the statutory requirements for approval. The Commission found that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions, satisfying the better off overall test. The procedural aspects of the agreement, including the consultation process, were deemed adequate. The objections raised by the respondents were insufficient to prevent the agreement from being approved.

The Fair Work Commission approved the SCE Transport and Logistics Pty Limited Enterprise Agreement 2020, stating that it met all necessary statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission's decision was based on a comprehensive review of the evidence and submissions, confirming the agreement's compliance with the relevant provisions of the Fair Work Act.

SCE Transport and Logistics Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established