SCT Opco Pty Ltd T/A SCT Logistics

[2024] FWCA 1291

[2024] FWCA 1291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCT Opco Pty Ltd T/A SCT Logistics

(AG2024/866)

SCT LOGISTICS, PERTH ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 11 APRIL 2024

Application for approval of the SCT Logistics Perth Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the SCT Logistics Perth Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SCT Opco Pty Ltd T/A SCT Logistics. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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

1. 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The TWU supports approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 16.3.5 – Probationary Employment; and

·           Clause 14.3 – Personal, Carers and Compassionate Leave.

However, noting clause 5.2 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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