Twentieth Super Pace Nominees atf Byrns Smith Unit Trust T/A SCT Logistics

[2020] FWCA 2955

[2020] FWCA 2955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees atf Byrns Smith Unit Trust T/A SCT Logistics
(AG2020/470)

SCT LOGISTICS, PERTH ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 JUNE 2020

Application for approval of the SCT Logistics, Perth Enterprise Agreement 2019.

[1] Twentieth Super Pace Nominees atf Byrns Smith Unit Trust T/A SCT Logistics has made an application for the approval of an enterprise agreement known as the SCT Logistics, Perth Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

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

[5] The employees were provided with a copy of the notice of employee representational rights (NERR) on 20 May 2019. The NERR referenced s 174(6) of the Act, rather than s 174(1A). The NERR was otherwise in the same terms as currently prescribed by s 174(1A) of the Act.

[6] In the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[7] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 4 June 2020 and, in accordance with s 54, will operate from 11 June 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE508221  PR719958>