SCT OPCO Pty Ltd T/A SCT Logistics

[2023] FWCA 3116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCT OPCO Pty Ltd T/A SCT Logistics

(AG2023/2996)

SCT LOGISTICS SYDNEY ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2023

Application for approval of the SCT Logistics Sydney Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the SCT Logistics Sydney 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.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 3 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved SCT OPCO Pty Ltd, trading as SCT Logistics, which sought approval of the SCT Logistics Sydney Enterprise Agreement 2023. The application was heard by the Fair Work Commission (FWC) which is tasked with approving enterprise agreements to ensure they meet the necessary standards. The nature of the dispute was primarily around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the FWC centred on several aspects of the agreement, including whether it contained adequate provisions for employee entitlements, conditions of employment, and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and balanced, while some employees contended that certain provisions did not meet the statutory standards for approval.

The FWC examined the agreement in detail, considering whether it complied with the requirements for a modern award. The Commission assessed whether the agreement provided for a safety net of minimum wages and conditions, and whether it was made in good faith. After careful consideration, the FWC determined that the agreement met the necessary criteria and was thus approved. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for overtime and penalty rates, which aligned with the modern award standards.

The final orders of the FWC were that the SCT Logistics Sydney Enterprise Agreement 2023 be approved as meeting the requirements of the Fair Work Act 2009. This decision confirmed the agreement as a legally binding document between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established