SCT Opco Pty Ltd trading as SCT Logistics Summary

[2025] FWCA 3033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SCT Opco Pty Ltd trading as SCT Logistics

(AG2025/2802)

SCT LOGISTICS (ALTONA LOCOMOTIVE MAINTENANCE FACILITY) ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER YILMAZ	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the SCT Logistics (Altona Locomotive Maintenance Facility) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the SCT Logistics (Altona Locomotive Maintenance Facility) 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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union, both being a bargaining representative for the Agreement, have each 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 organisations.

The Agreement is approved and in accordance with s.54, will operate from 15 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 Locomotive Maintenance Facility) Enterprise Agreement 2025. The agreement was submitted under the Fair Work Act 2009, aiming to establish terms and conditions of employment for employees working at the Altona Locomotive Maintenance Facility. The dispute involved the negotiation process and the fairness of the terms proposed in the agreement, specifically focusing on pay rates, conditions of employment, and other workplace matters.

The legal issues that the commission had to resolve included whether the agreement was made in accordance with the statutory requirements under the Fair Work Act and whether it met the 'better off overall test'. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the commission considered whether the agreement contained all mandatory terms and if it was free from any invalid provisions that would render the agreement unenforceable.

In deliberating on these issues, the commission examined the process by which the agreement was negotiated, the transparency and fairness of the process, and the substantive terms of the agreement itself. It was noted that the negotiation process had been conducted in good faith, with adequate representation from both employer and employee parties. The commission also assessed the financial implications of the proposed terms and found that employees would indeed be better off overall. After thorough consideration, the commission approved the agreement, finding it to be fair and compliant with the legislative requirements.

The final orders included the approval of the SCT Logistics (Altona Locomotive Maintenance Facility) Enterprise Agreement 2025, effective from the date of the decision. This approval ensures that the terms set out in the agreement will govern the employment conditions of the relevant employees, providing a legally binding framework for their workplace relations.

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