DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics
(AG2018/5253)

SCT LOGISTICS (PENFIELD SHUNTING OPERATIONS) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Twentieth Super Pace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Rail Tram and Bus Industry Union 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 February 2019 and, in accordance with s.54, will operate from 14 February 2019. The nominal expiry date of the Agreement is 2 June 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involves Twentieth Super Pace Nominees Pty Ltd, acting on behalf of the Byrns Smith Unit Trust trading as SCT Logistics, and the applicants seeking approval for the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2018. The applicants filed the application before the Fair Work Commission (FWC) to gain approval for the new enterprise agreement, which aimed to regulate the terms and conditions of employment for employees involved in shunting operations at Penfield.

The central legal issues before the FWC were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall" agreement. The FWC had to determine if the proposed agreement provided employees with improved conditions compared to their existing awards or agreements and whether it complied with the procedural and substantive fairness requirements set forth in the legislation.

The FWC examined the submissions and evidence presented by both parties, considering the terms of the proposed agreement and their impact on the employees. The FWC found that the agreement was procedurally valid and met the requirements for being a "better off overall" agreement. The tribunal concluded that the proposed agreement provided employees with improved conditions, including higher wages, better working conditions, and enhanced job security. Consequently, the FWC approved the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2018, considering it to be in the best interests of the employees involved.

As a result of the FWC's decision, the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2018 was approved and came into effect, governing the terms and conditions of employment for the relevant employees. This decision sets a precedent for future enterprise agreements and highlights the importance of ensuring that such agreements provide employees with improved conditions and meet the legal requirements set forth in the Fair Work Act 2009.

Twentieth Super Pace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established