Twentieth SuperPace Nominees Pty Ltd atf The Byrns Smith Unit Trust T/A SCT Logistics Summary

[2014] FWCA 6683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth SuperPace Nominees Pty Ltd atf The Byrns Smith Unit Trust T/A SCT Logistics
(AG2014/8985)

SCT (CUB SITE), PERTH WA ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 23 SEPTEMBER 2014

Application for approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SCT (CUB Site), Perth WA Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Twentieth SuperPace Nominees Pty Ltd acting on behalf of The Byrns Smith Unit Trust trading as SCT Logistics, sought approval of the SCT (CUB Site), Perth WA Enterprise Agreement 2014. The application was brought before the Fair Work Commission (FWC) in the context of industrial relations in Australia. The FWC was required to determine whether the proposed enterprise agreement met the necessary standards and requirements under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement provided for the safety, health and welfare of employees, and whether it offered fair terms and conditions of employment. Additionally, the FWC had to consider if the agreement provided for the protection of employees' rights and obligations, and if it included appropriate mechanisms for dispute resolution. The FWC also needed to ensure that the agreement did not undermine the right of employees to take industrial action.

In determining these issues, the FWC considered the evidence presented by the parties and the applicable legal framework. The FWC found that the proposed agreement provided for the safety, health and welfare of employees, as well as fair terms and conditions of employment. The FWC was satisfied that the agreement offered protection for employees' rights and obligations, and that it included appropriate mechanisms for dispute resolution. The FWC also found that the agreement did not undermine the right of employees to take industrial action. Based on these findings, the FWC approved the SCT (CUB Site), Perth WA Enterprise Agreement 2014.

The FWC's final orders approved the SCT (CUB Site), Perth WA Enterprise Agreement 2014, with certain modifications to address minor concerns raised during the hearing. The FWC directed that the agreement be registered and enforced as a registered agreement under the Fair Work Act 2009. The applicants were required to provide a copy of the approved agreement to the FWC within 14 days of the decision.

Twentieth SuperPace Nominees Pty Ltd atf The Byrns Smith Unit Trust T/A SCT Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established