SCT OPCO Pty Ltd T/A SCT Logistics Summary

[2022] FWCA 2362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCT OPCO Pty Ltd T/A SCT Logistics

(AG2022/2098)

SCT (CUB Site), Perth WA Enterprise Agreement 2021

Road transport industry
COMMISSIONER MATHESON	SYDNEY, 14 JULY 2022

Application for approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the SCT (CUB Site), Perth WA Enterprise Agreement 2021 (Agreement). The application was made by SCT OPCO Pty Ltd T/A SCT Logistics (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, 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 Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement by SCT OPCO Pty Ltd T/A SCT Logistics, operating as SCT Logistics, under section 185 of the Fair Work Act 2009. The agreement in question was the SCT (CUB Site), Perth WA Enterprise Agreement 2021. The Fair Work Commission, led by Commissioner Matheson, examined the application to determine whether the agreement met the necessary legal requirements for approval and coverage under the Act.

The key legal issues addressed by the Commission were whether the provisions of the agreement were inconsistent with the National Employment Standards and whether the employer's written undertakings would cause financial detriment to employees or substantially alter the agreement. The Commissioner noted that some provisions of the agreement appeared to conflict with the NES but was satisfied that the more beneficial entitlements of the NES would apply in cases of inconsistency. Furthermore, the Commissioner considered the written undertakings provided by the employer and sought the views of bargaining representatives, finding no objections and concluding that the undertakings would not negatively impact employees or significantly change the agreement.

In light of the analysis, the Commissioner determined that the agreement met the necessary requirements under sections 186, 187, 188, and 190 of the Act, subject to the acceptance of the employer's undertakings. The Transport Workers’ Union of Australia, a bargaining representative for the agreement, had requested that the agreement cover its members, which the Commissioner approved under section 201(2) of the Act. Consequently, the agreement was approved and set to operate from 21 July 2022, with a nominal expiry date of 30 June 2024.

The final order of the Commission was the approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2021, subject to the employer's undertakings, and its operation from 21 July 2022, with the nominal expiry date set for 30 June 2024.

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