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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2015. The applicant, Twentieth Super Pace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics, sought to have the agreement recognised as a protected action agreement. The dispute centred around the terms and conditions of employment for workers under the agreement, specifically those relating to shift patterns, leave entitlements, and classification of roles within the company.

The legal issues that the court had to resolve were whether the agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether the agreement complied with the requirements for protected action agreements. This involved assessing whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The court also needed to determine if the agreement was likely to lead to improved productivity and efficiency in the workplace.

In delivering its decision, the Fair Work Commission found that the agreement contained all the mandatory terms required by the Fair Work Act 2009. The court was satisfied that the agreement was made in good faith and provided for a fair and efficient workplace. The Commission concluded that the agreement was likely to lead to improved productivity and efficiency in the workplace. As such, the court approved the agreement as a protected action agreement. The final orders included the approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2015 as a protected action agreement, effective from the date of the decision.

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