Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics Summary

[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

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.

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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics, which applied for approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2021. The dispute came before the Fair Work Commission, which was required to consider whether the agreement met the legal criteria for approval. The key legal issues were whether the agreement was a genuine enterprise agreement and whether it contained the necessary minimum terms and conditions of employment. The Commission had to determine if the agreement complied with the Fair Work Act 2009, including whether it was made in good faith and whether it had been appropriately certified.

The Fair Work Commission examined the evidence presented and assessed the procedural fairness of the agreement-making process. The Commission considered whether the agreement was genuinely negotiated between the employer and the employees and whether it was made without coercion. Additionally, the Commission evaluated if the agreement contained the required minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions. The Commission also needed to consider whether the agreement met the requirements for registration under the Fair Work Act.

After reviewing the submissions and evidence, the Fair Work Commission found that the agreement was a genuine enterprise agreement and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement was made in good faith and that the process was procedurally fair. The Commission concluded that the agreement met all the legal requirements for approval and registered the SCT Logistics (Penfield Operations) Enterprise Agreement 2021. The decision was based on the evidence that the agreement had been negotiated appropriately and contained the required terms and conditions.

The final orders included the registration of the SCT Logistics (Penfield Operations) Enterprise Agreement 2021, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement and to remain in force until terminated or replaced by a new agreement. The Commission also ordered that the employer and the employees were bound by the terms of the agreement. This decision provided clarity and certainty for the parties involved and ensured that the agreement was legally compliant.

Twentieth Super Pace Nominees Pty Ltd T/A SCT Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established