DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth SuperPace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics
(AG2018/7398)

SCT (CUB SITE), PERTH WA ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 JULY 2019

Application for approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SCT (CUB Site), Perth WA Enterprise Agreement 2018 (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 of the Act as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Federal Circuit and Family Court involved Twentieth SuperPace Nominees Pty Ltd ATF The Byrns Smith Unit Trust, trading as SCT Logistics, and related to the approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2018. The enterprise agreement aimed to govern the terms and conditions of employment for certain employees of the company. The primary legal issue for the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was free from any unfair provisions, had been genuinely negotiated, and complied with the procedural requirements set forth in the Act.

The court examined the negotiation process and the terms of the agreement to ascertain whether they complied with the statutory standards. The applicant provided evidence of the negotiation process, including meetings and communications between the parties. The court also considered whether the agreement contained any unfair provisions that might contravene the principles of procedural fairness or the provisions of the Fair Work Act. The court's analysis included assessing the fairness of the agreement's terms, the parties' conduct during negotiations, and the compliance with procedural requirements. The court found that the negotiation process was genuine and that the agreement did not contain any unfair provisions. The procedural requirements had also been met, as evidenced by the documentation and testimonies provided.

Based on the court's findings, it approved the SCT (CUB Site), Perth WA Enterprise Agreement 2018. The court confirmed that the agreement was fair and complied with all relevant statutory provisions. The decision provided clarity for the parties involved and established the terms and conditions of employment for the employees covered by the agreement. The court's approval signified that the agreement met the necessary legal standards and could be implemented as intended.

Twentieth SuperPace Nominees Pty Ltd ATF The Byrns Smith Unit Trust 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