Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics

Case

[2022] FWCA 446

10 FEBRUARY 2022


[2022] FWCA 446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics

(AG2022/67)

SCT Logistics (Penfield Operations) Enterprise Agreement 2021

Road transport industry

COMMISSIONER PLATT

ADELAIDE, 10 FEBRUARY 2022

Application for approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the SCT Logistics (Penfield Operations) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 10 February 2022 and was determined on the papers.

  1. It is noted the employee signatory has not stated their authority to sign the Agreement. In saying this, the employee signatory has filed a Form F18A in support of the agreement in which it states that he is a ‘Local Truck Driver’. I am therefore satisfied that the employee signatory is an employee covered by the Agreement.

  1. The Transport Workers’ Union (TWU), 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.


COMMISSIONER

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