SCE Transport and Logistics Pty Limited Summary

[2025] FWCA 1388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCE Transport and Logistics Pty Limited

(AG2025/1067)

SCE TRANSPORT AND LOGISTICS PTY LIMITED ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 28 APRIL 2025

Application for approval of the SCE Transport and Logistics Pty Limited Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Industrial Services Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T&C Services Pty Ltd T/A Programmed Industrial Maintenance (Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The provisions at 18.6 of the Agreement relating to redundancy may be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SCE Transport and Logistics Pty Limited applied to the Fair Work Commission for the approval of the Enterprise Agreement 2024. The agreement was a result of negotiations between the company and the Transport Workers Union of Australia. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues the court had to determine were whether the agreement was genuinely negotiated, free from any form of coercion, and met the standards of procedural fairness and good faith bargaining.

The Fair Work Commission examined the process of negotiation and the contents of the agreement. It assessed if the agreement was the result of genuine bargaining between the parties and if it included terms that were reasonably required for the operation of a safe and efficient workplace. The Commission also considered if the union had acted in good faith and if the agreement met the requirements of procedural fairness. The Commission found that the agreement had been genuinely negotiated and met the necessary standards for approval.

The Fair Work Commission approved the Enterprise Agreement 2024, stating that it was the result of genuine negotiations, free from any form of coercion, and met the statutory requirements for approval. The Commission found that the agreement contained terms that were reasonably required for the operation of a safe and efficient workplace and that the union had acted in good faith. The decision was based on the evidence presented and the Commission's assessment of the negotiation process and the agreement's contents. The Commission's approval of the agreement ensures that it will have legal effect and can be enforced by the parties.

SCE Transport and Logistics Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established