SCT Opco Pty Ltd T/A SCT Logistics
[2022] FWCA 3283
•20 SEPTEMBER 2022
| [2022] FWCA 3283 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SCT Opco Pty Ltd T/A SCT Logistics
(AG2022/3655)
SCT Logistics Parkes Enterprise Agreement 2022
| Road transport industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 20 SEPTEMBER 2022 |
Application for approval of the SCT Logistics Parkes Enterprise Agreement 2022.
SCT Opco Pty Ltd T/A SCT Logistics (the Employer) has made an application for the approval of the SCT Logistics Parkes Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 19 – Compassionate Leave is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that 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 (TWU) was a bargaining representative for the Agreement and 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 TWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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Annexure A
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