Sct Opco Pty Ltd T/A Sct Logistics Summary

[2024] FWCA 1715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sct Opco Pty Ltd T/A Sct Logistics

(AG2024/1068)

SCT LOGISTICS PARKES ENTERPRISE AGREEMENT 2023

Transport industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 MAY 2024

Application for approval of the SCT Logistics Parkes Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the SCT Logistics Parkes Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sct Opco Pty Ltd T/A Sct Logistics. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the material contained in the application and filed in relation to it, including submissions of the applicant as to intended operation of the Agreement, I am satisfied that each of the requirements of ss.186 and 187 are met.

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 was approved on 10 May 2024 and, in accordance with s.54, will operate from 17 May 2024. The nominal expiry date of the Agreement at clause 3.2 is 30 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sct Opco Pty Ltd, trading as Sct Logistics, recently sought approval of the SCT Logistics Parkes Enterprise Agreement 2023 before the Fair Work Commission. The dispute arose from the negotiation process and the contents of the proposed agreement, which aimed to regulate the employment terms and conditions of the workers at the Parkes logistics facility. The applicant argued that the agreement was fair and reasonable and should be approved by the Commission.

The primary legal issues the Commission needed to address were whether the agreement was genuinely negotiated, whether it contained terms that were genuinely agreed upon by both parties, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement would have a detrimental effect on the employees, whether it provided for appropriate dispute resolution mechanisms, and if it contained necessary provisions for the protection of vulnerable workers.

In its decision, the Commission carefully examined the negotiation process and found that the agreement was genuinely negotiated between the employer and the employees' representatives. The Commission also determined that the terms of the agreement were genuinely agreed upon and did not contain any provisions that would be detrimental to the employees. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and did not breach any of the provisions related to unfair dismissal, redundancy, or minimum entitlements. The Commission approved the SCT Logistics Parkes Enterprise Agreement 2023, acknowledging its appropriateness for the employees at the Parkes logistics facility.

The final orders of the Commission included the approval of the SCT Logistics Parkes Enterprise Agreement 2023, which would now govern the employment terms and conditions of the workers at the Parkes logistics facility. The Commission also directed that the agreement be registered with the Fair Work Commission and be given effect in accordance with the Fair Work Act. The approval of the agreement ensures that the employees will benefit from the negotiated terms and conditions, while also providing certainty for the employer in managing its workforce.

Sct Opco Pty Ltd T/A Sct Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established