Sct Opco Pty Ltd T/A Sct Opco Pty Ltd

[2025] FWCA 272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sct Opco Pty Ltd T/A Sct Opco Pty Ltd

(AG2024/5276)

SCT (CUB SITE), PERTH WA ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 23 JANUARY 2025

Application for approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2024

Sct Opco Pty Ltd T/A Sct Opco Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the SCT (CUB Site), Perth WA Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sct Opco Pty Ltd, trading as Sct Opco Pty Ltd, applied to the Fair Work Commission for approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2024. The applicant sought to establish terms and conditions of employment for employees working at the CUB site in Perth, Western Australia. The application was brought under the Fair Work Act 2009, which provides a framework for regulating workplace relations and facilitating the resolution of workplace disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the "better off overall test," which requires that the employees be no worse off financially and, in some cases, better off overall than they would be under the applicable award or safety net. The Commission also needed to ensure that the agreement contained the mandated minimum terms and conditions, including those related to minimum wages, penalty rates, leave entitlements, and other employment standards.

In reaching its decision, the Fair Work Commission considered the provisions of the proposed agreement, the applicable award, and the statutory minimum standards. The Commission determined that the agreement met the better off overall test for all employees covered by the agreement. It found that the agreement provided employees with improved terms and conditions compared to those available under the applicable award, including higher wages, additional leave entitlements, and enhanced redundancy provisions. The Commission was satisfied that the agreement contained all the mandated minimum terms and conditions and approved the enterprise agreement under section 173 of the Fair Work Act 2009.

As a result of the Commission's approval, the SCT (CUB Site), Perth WA Enterprise Agreement 2024 is now in effect. This agreement will govern the employment terms and conditions of the employees working at the CUB site in Perth, Western Australia, until such time as the agreement is terminated or replaced by a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established