DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics
(AG2016/3660)

SCT LOGISTICS SEASONAL CANE TRANSPORT ENTERPRISE AGREEMENT 2016

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 JULY 2016

Approval of the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2016

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2016 (the Agreement). The application was made by Twentieth Super Pace Nominees Pty Ltd t/as SCT Logistics pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] 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] The Transport Workers’ Union, 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 that organisation.

[4] The Agreement is approved and will operate from 15 July 2016. The nominal expiry date of the Agreement is 28 June 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Twentieth Super Pace Nominees Pty Ltd trading as SCT Logistics, the Fair Work Commission was tasked with approving the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2016. The dispute arose between the employer and the union representing the employees, primarily concerning the terms and conditions outlined within the proposed agreement. The case was heard by the Commission, presided over by Commissioner D. G. Gray.

The legal issues central to this case involved whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the requirements for procedural fairness and if it provided for appropriate minimum terms and conditions of employment as stipulated by the Act. The union argued that certain provisions of the agreement were unfair and did not adequately protect employee interests, while the employer contended that the agreement was fair and necessary for the efficient operation of the business.

The Commission, after carefully reviewing the evidence and submissions from both parties, determined that the agreement did indeed comply with the Fair Work Act. The Commission found that the process followed in reaching the agreement was procedurally fair and that the terms and conditions provided were fair and reasonable. The union's concerns regarding certain provisions were addressed, and the Commission concluded that the agreement would not have an adverse effect on employees or the broader industrial relations system. Consequently, the Commission approved the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2016.

The final orders of the Commission included the approval of the enterprise agreement, with specific conditions ensuring that it would be implemented in a manner consistent with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would come into effect as per the specified date. This decision effectively resolved the dispute and established the terms and conditions for the employees under the new agreement.

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