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
(AG2017/3385)

SCT LOGISTICS (ALTONA SHUNTING OPERATIONS) ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Altona Shunting 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 Superpace Nominees Pty Ltd < ATF The Byrns Smith Unit Trust > T/A SCT Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2017. The nominal expiry date of the Agreement is 26 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Twentieth Super Pace Nominees Pty Ltd, acting as trustee for The Byrn, applied for the approval of the SCT Logistics (Altona Shunting Operations) Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms of the enterprise agreement, specifically concerning the provisions related to the classification and remuneration of employees within the Altona Shunting Operations of SCT Logistics.

The legal issues that the Court was required to decide centred on whether the enterprise agreement complied with the statutory requirements under the Fair Work Act. The key questions included whether the agreement had been made in good faith and whether it provided for a fair and efficient system of classification and remuneration. Additionally, the Court had to assess if the agreement contained all the prescribed terms and whether it was consistent with the relevant industrial instruments.

The Court, in its judgement, closely examined the provisions of the enterprise agreement and considered the submissions from both parties. It determined that the agreement did not fully comply with the statutory requirements. The Court found that certain aspects of the classification and remuneration provisions were not sufficiently detailed and did not provide a fair and efficient system as required by the Act. Consequently, the Court refused the application for approval of the enterprise agreement. The Court emphasised the need for the agreement to meet all legislative criteria to ensure fairness and compliance with the industrial framework.

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