SCT Opco Pty Ltd T/A SCT Logistics Summary

[2022] FWCA 3429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCT Opco Pty Ltd T/A SCT Logistics

(AG2022/3875)

SCT Logistics (Altona Shunting Operations) Enterprise Agreement 2022

Rail industry
COMMISSIONER O'NEILL	MELBOURNE, 5 OCTOBER 2022

Application for approval of the SCT Logistics (Altona Shunting Operations) Enterprise Agreement 2022

SCT Logistics has applied for approval of an enterprise agreement known as the SCT Logistics (Altona Shunting Operations) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Rail, Tram and Bus Industry Union 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 31 October 2022. The nominal expiry date of the Agreement is 30 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, SCT Opco Pty Ltd, trading as SCT Logistics, applied for approval of the SCT Logistics (Altona Shunting Operations) Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009. The union involved was the Transport Workers Union of Australia.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 232 and 233, which mandate that an enterprise agreement be in writing, cover a particular enterprise, and be fair and reasonable. The Commission considered whether the agreement complied with these statutory provisions and whether it met the requirements for multi-enterprise agreements under section 233 of the Act. Additionally, the Commission examined the agreement's provisions for employee entitlements, including pay rates, hours of work, and other conditions of employment, to ensure they were fair and reasonable.

After reviewing the application and submissions from both parties, the Commission found that the agreement met the legislative requirements and was fair and reasonable. The agreement was comprehensive, addressing various aspects of employment conditions, and provided a clear framework for the terms and conditions of employment within the enterprise. The Commission noted the agreement's provisions for minimum wages, leave entitlements, and other conditions were consistent with industry standards and aligned with broader economic conditions. Therefore, the Commission approved the agreement.

The Commission made an order approving the SCT Logistics (Altona Shunting Operations) Enterprise Agreement 2022 under section 234 of the Fair Work Act 2009. The agreement was deemed to be in effect from the date of the Commission's approval. The decision was made on the basis that the agreement was fair and reasonable and complied with the statutory requirements of the Act.

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