DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics
(AG2018/5817)

SCT LOGISTICS PARKES ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 MAY 2019

Application for approval of the SCT Logistics Parkes Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics Parkes Enterprise Agreement 2018 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Transport Workers’ Union of Australia (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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 27 May 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Twentieth Super Pace Nominees Pty Ltd trading as SCT Logistics applied for the approval of the SCT Logistics Parkes Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, particularly concerning the classification of certain employees as either "drivers" or "other employees," and the associated pay rates and conditions.

The primary legal issues that the Commission needed to address were whether the agreement met the requirements of the Fair Work Act, including fairness and the avoidance of underpayment of employees. The Commission also needed to determine if the classification of employees was appropriate and whether the agreement provided adequate protections for employees. Furthermore, the Commission had to consider if the agreement complied with the principles of modern awards and the National Employment Standards.

The Commission found that the agreement did meet the requirements of the Fair Work Act, as it was made in good faith and provided for fair and reasonable terms and conditions. The classification of employees as either "drivers" or "other employees" was deemed appropriate, and the associated pay rates and conditions were considered fair. The Commission also found that the agreement provided adequate protections for employees and complied with the principles of modern awards and the National Employment Standards. Therefore, the Commission approved the SCT Logistics Parkes Enterprise Agreement 2018.

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