DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCE Transport and Logistics Pty Limited
(AG2015/4693)

SCE TRANSPORT AND LOGISTICS PTY LIMITED ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 31 AUGUST 2015

Application for approval of the SCE Transport and Logistics Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SCE Transport and Logistics Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SCE Transport and Logistics Pty Limited. The Agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 21. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date is 6 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SCE Transport and Logistics Pty Limited applied to the Fair Work Commission for approval of the SCE Transport and Logistics Pty Limited Enterprise Agreement 2015. The application was made under section 235 of the Fair Work Act 2009, and the dispute involved whether the agreement met the requirements for approval, including whether it provided for the proper negotiation and making of the agreement, the process for its approval, and its compliance with the Fair Work Act and relevant regulations.

The legal issues before the Commission included whether the agreement was made in accordance with the processes set out in the Fair Work Act, whether it contained all the mandatory terms required by the Act, and whether the agreement was in the best interests of the employees it covered. The Commission had to consider submissions from both the applicant and other parties involved, including the Australian Council of Trade Unions.

The Fair Work Commission determined that the application met the criteria for approval. The Commission found that the agreement was properly negotiated and made in accordance with the Fair Work Act, contained all the mandatory terms, and was in the best interests of the employees. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment. The applicant was granted the order sought.

The Fair Work Commission approved the SCE Transport and Logistics Pty Limited Enterprise Agreement 2015, and the agreement is now legally binding on the parties involved. The Commission's decision provides clarity and certainty for the parties and ensures that the agreement meets the requirements 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