DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Superpace Nominees Pty Ltd ATF The Byrns Smith Unit Trust T/A SCT Logistics
(AG2016/2648)

SCT LOGISTICS (ALTONA OPERATIONS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the SCT Logistics (Altona Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Altona Operations) Enterprise Agreement 2015 (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] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2016. The nominal expiry date of the Agreement is 4 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Twentieth Superpace Nominees Pty Ltd acting as trustee for the Byrns Smith Unit Trust trading as SCT Logistics, applied for approval of the SCT Logistics (Altona Operations) Enterprise Agreement 2015. The dispute arose because certain employees of SCT Logistics did not consent to the proposed agreement, and hence, the matter was brought before the Fair Work Commission. The central issue before the court was whether the enterprise agreement was in compliance with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable for the employees involved.

The court examined the terms of the proposed agreement, including the provisions on wages, hours of work, and other employment conditions. The court also considered the submissions made by the applicant and the objecting employees, as well as any relevant industry benchmarks. The court found that the proposed agreement was in accordance with the Fair Work Act and was fair and reasonable for the employees involved. The applicant had demonstrated that the agreement provided for reasonable terms and conditions of employment and that it was an appropriate instrument for regulating the employment relationship between the parties.

Based on the evidence presented and the arguments made by both parties, the court approved the SCT Logistics (Altona Operations) Enterprise Agreement 2015. The court found that the agreement met the requirements of the Fair Work Act and was fair and reasonable for the employees involved. The court also noted that the applicant had taken steps to ensure that the agreement was widely communicated to the employees and that there had been an opportunity for the employees to provide input into the agreement. As a result, the court approved the enterprise agreement, and it will now be binding on the parties involved.

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