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

[2015] FWCA 8900

[2015] FWCA 8900

FAIR WORK COMMISSION

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
(AG2015/7456)

SCT LOGISTICS (PENFIELD OPERATIONS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Penfield Operations) Enterprise Agreement 2015 (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 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] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

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Annexure A