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

[2022] FWCA 162

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

(AG2021/8910)

SCT Logistics Seasonal Cane Transport Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JANUARY 2022

Application for approval of the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 January 2022. The nominal expiry date of the Agreement is 12 December 2024.

DEPUTY PRESIDENT

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 Seasonal Cane Transport Enterprise Agreement 2021. The applicant, Twentieth Super Pace Nominees Pty Ltd, acting as trustee for the Byrns Smith Unit Trust trading as SCT Logistics, sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including the requirement that it be a genuine agreement that provides for the fair and reasonable terms and conditions of employment for the relevant workforce.

The primary legal issue before the Commission was whether the agreement demonstrated sufficient employee engagement and support to be considered a genuine agreement, as required by section 230(2)(b) of the Fair Work Act. The Commission also considered whether the agreement contained the minimum terms and conditions prescribed by law, including those relating to wages, hours of work, and other employment-related matters. Furthermore, the Commission examined whether the agreement provided for the fair and reasonable terms and conditions of employment as mandated by section 230(2)(c) of the Act.

The Fair Work Commission found that the application met the necessary criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated between the employer and a majority of the employees, as evidenced by the engagement process and the support of a majority of the workforce. The Commission also determined that the agreement contained all the required minimum terms and conditions and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2021 as a certified agreement under the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established