SCT Opco Pty Ltd trading as SCT Logistics Summary

[2025] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SCT Opco Pty Ltd trading as SCT Logistics

(AG2025/2093)

SCT LOGISTICS SEASONAL CANE TRANSPORT ENTERPRISE AGREEMENT 2025

Sugar industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 JULY 2025

Application for approval of the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2025 (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 trading as SCT Logistics (the Applicant). The Agreement is a single enterprise agreement.

There is a minor discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) that was issued to employees at the commencement of bargaining. The discrepancy is the reference to the year in the title of the Agreement. Having regard to the submissions of the Applicant I am satisfied that this is a minor technical error and that the employees were not likely to have been disadvantaged by the error. Accordingly, I will disregard the error under s.188(5) of the Act.

The application was required to be filed within 14 days after it was made on 13 June 2025 in accordance with s.185(3) of the Act. As it was not filed until 1 July 2025, it was filed 4 days after the expiry of the statutory timeframe. In all the circumstances, I consider it fair to extend the time for making the application pursuant to s.185(3)(b) of the Act.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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 Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 29A, Workplace delegates’ rights, in the Road Transport and Distribution Award 2020 is to be taken to be a term of the Agreement.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission involved SCT Opco Pty Ltd, trading as SCT Logistics, which sought approval for the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2025. The primary dispute centred around the fairness and appropriateness of the proposed enterprise agreement, which aimed to regulate the employment terms and conditions of seasonal cane transport workers. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The union representing the workers contested certain aspects of the agreement, arguing that it failed to adequately protect the rights and interests of the employees.

The key legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum entitlements, redundancy, and the process for making the agreement. Additionally, the Commission had to assess whether the agreement provided a fair and reasonable outcome for both the employer and the employees, taking into account the nature of the seasonal work and the specific industry context. The union's objections primarily focused on the provisions concerning redundancy payments, hours of work, and the process for varying the agreement in the future.

In its decision, the Commission carefully considered the arguments presented by both parties and examined the provisions of the Fair Work Act. The Commission found that while the proposed agreement contained some provisions that did not fully align with the requirements of the Act, it did not undermine the overall fairness and reasonableness of the agreement. The Commission was satisfied that the agreement provided adequate protections for the employees and that the employer had demonstrated a commitment to fair and reasonable employment practices. Consequently, the Commission approved the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2025, subject to certain modifications to address the identified concerns.

The final orders included the approval of the enterprise agreement, with specific amendments to ensure compliance with the Fair Work Act. The modifications addressed the concerns regarding redundancy payments, ensuring that they met the minimum requirements set out in the Act. Additionally, the agreement was amended to provide clarity on the process for varying the agreement in the future, thereby addressing the union's concerns about the potential for unilateral changes by the employer. Overall, the Commission's decision recognised the need for a balanced approach that recognised the interests of both the employer and the employees in the context of seasonal cane transport work.

SCT Opco Pty Ltd trading as SCT Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established