DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics
(AG2021/5468)

SCT LOGISTICS SYDNEY ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2021

Application for approval of the SCT Logistics Sydney 2020 Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics Sydney 2020 Enterprise Bargaining Agreement (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 T/A SCT Logistics. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] I am not satisfied that the employer took all reasonable steps to give the relevant employees a copy of or access to the incorporated modern awards as required by s.180(2) of the Act. The Applicant provided submissions that the employees were fully informed of the modern awards and were aware of how to access the modern awards.

[5] In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a), and
the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics, applied for approval of the SCT Logistics Sydney 2020 Enterprise Bargaining Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements in Australia.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically regarding the process of negotiation and the terms and conditions it contained. The Commission needed to determine if the agreement was made in good faith, if the parties had genuinely negotiated, and if the terms of the agreement were fair and reasonable.

The Fair Work Commission found that the application met the statutory requirements. The Commission concluded that the agreement was negotiated in good faith and that the parties had genuinely negotiated its terms. The Commission further determined that the agreement contained fair and reasonable terms and conditions, taking into account the nature of the industry, the economic circumstances of the parties, and the overall fairness of the agreement. Consequently, the Commission approved the SCT Logistics Sydney 2020 Enterprise Bargaining Agreement.

The Fair Work Commission's decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and contain fair and reasonable terms. The approval of the agreement will now allow the parties to move forward with the terms and conditions outlined in the agreement, providing certainty and stability in their industrial relations.

Twentieth Super Pace Nominees Pty Ltd 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