DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics
(AG2016/8070)

SCT LOGISTICS, PERTH ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2017

Application for approval of the SCT Logistics, Perth Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics, Perth Enterprise Agreement 2016 (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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Twentieth Super Pace Nominees Pty Ltd trading as SCT Logistics, sought approval of the SCT Logistics, Perth Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically those concerning wages, hours of work, and other employment-related matters. The applicant argued that the agreement was fair and reasonable, while the respondents, who included various employee representatives, contested certain provisions on the grounds that they did not adequately protect employee rights or were not in line with broader industrial standards.

The central legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly sections concerning the fairness test. The Commission needed to assess whether the agreement provided for a fair and efficient workplace relationship and whether it was free from coercion and undue influence. Additionally, the court examined whether the agreement appropriately balanced the interests of both employers and employees, ensuring it did not undermine the rights of workers.

The Fair Work Commission, after reviewing the submissions from both parties, concluded that the agreement substantially met the criteria for approval. The Commission found that the agreement was fair and reasonable, as it provided for efficient workplace arrangements and did not unfairly disadvantage any party. The Commission also noted that the agreement included provisions that aligned with broader industrial standards and adequately protected employee rights. Consequently, the application for approval was granted, and the SCT Logistics, Perth Enterprise Agreement 2016 was approved.

The final orders of the Commission confirmed the approval of the enterprise agreement and mandated its implementation by the applicant and the relevant employee representatives. The agreement was to take effect from the date of the decision and would govern the employment conditions of the relevant employees for the specified period.

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