DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Super Pace Nominees Pty Ltd < ATF The Byrns Smith Unit Trust > T/A SCT Logistics
(AG2018/627)

SCT LOGISTICS (ALTONA OPERATIONS) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JUNE 2018

Application for approval of the SCT Logistics (Altona Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Altona Operations) Enterprise Agreement 2017 (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 < ATF The Byrns Smith Unit Trust > 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 15 June 2018. The nominal expiry date of the Agreement is 14 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Twentieth Super Pace Nominees Pty Ltd <ATF The Byrn> sought approval of the SCT Logistics (Altona Operations) Enterprise Agreement 2017 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement and its registration on the Register of Approved Enterprise Agreements. The dispute arose as the application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not meet the requirements for approval under the Fair Work Act.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval and registration. The AMWU contended that the agreement failed to meet the requirements because it did not appropriately address issues such as redundancy and termination of employment, and because it contained provisions that were not in the best interests of the employees. The AMWU also argued that the agreement did not provide adequate protections for employees, particularly in relation to the imposition of new conditions of employment and the variation of existing conditions.

The Fair Work Commission found that the agreement did meet the requirements for approval and registration. The Commission considered that the agreement appropriately addressed issues such as redundancy and termination of employment, and that it contained provisions that were in the best interests of the employees. The Commission also found that the agreement provided adequate protections for employees, and that it did not impose any new conditions of employment or vary existing conditions in a way that was detrimental to the employees. The Commission concluded that the agreement was fair and reasonable, and that it met the requirements for approval and registration under the Fair Work Act.

The Fair Work Commission approved the SCT Logistics (Altona Operations) Enterprise Agreement 2017 and ordered that it be registered on the Register of Approved Enterprise Agreements. The AMWU's opposition to the application was dismissed. The parties were ordered to pay their own costs of the application.

Twentieth Super Pace Nominees Pty Ltd Twentieth Super Pace Nominees Pty Ltd < ATF The Byrn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established