DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth SuperPace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics
(AG2019/2025)

SCT LOGISTICS (PENFIELD OPERATIONS) ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Penfield Operations) Enterprise Agreement 2019 (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 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 4 July 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Twentieth SuperPace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics, applied for the Fair Work Commission’s approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2019. The respondent, SCT Logistics, opposed the application on the basis that the agreement contained terms that were contrary to the provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issue for the court to decide was whether the terms in the enterprise agreement were consistent with the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained terms that were contrary to the provisions of the Act, including whether they provided for a lower rate of pay than the relevant award or minimum wage. The court also had to consider whether the agreement contained terms that were inconsistent with the Act’s requirements for enterprise agreements.

In reaching its decision, the court considered the provisions of the Fair Work Act 2009 and the terms of the enterprise agreement. The court found that the agreement contained terms that were contrary to the provisions of the Act, including terms that provided for a lower rate of pay than the relevant award or minimum wage. However, the court also found that the agreement contained a mechanism for resolving disputes over the rates of pay, which was consistent with the requirements of the Act. The court concluded that, on balance, the agreement was not contrary to the provisions of the Act and approved the application for the agreement’s approval.

The court ordered that the SCT Logistics (Penfield Operations) Enterprise Agreement 2019 be approved as a registered agreement. The court also ordered that the agreement be registered by the Commission and that a copy of the approved agreement be provided to the parties. The court’s decision was final and binding on the parties.

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