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

[2014] FWCA 3521

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
(AG2014/6023)

SCT LOGISTICS (PENFIELD SHUNTING OPERATIONS) ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 27 MAY 2014

Application for approval of the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Penfield Shunting Operations) 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 contains a consultation term at clause 25. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[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 Australian Rail Tram & Bus Industry (South Australian & Northern Territory Branch), 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 3 June 2014. The nominal expiry date of the Agreement is 2 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Twentieth Superpace Nominees Pty Ltd, acting on behalf of the Byrns Smith Unit Trust trading as SCT Logistics, applied for approval of the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2014. The applicant sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The primary dispute centred around the provisions of the agreement and whether it complied with the legislative requirements for fair and lawful enterprise agreements.

The key legal issues before the court were whether the agreement contained genuine terms and conditions of employment, and if it met the standards of good faith bargaining as required by the Fair Work Act. The court had to consider if the agreement was properly certified by the Australian Building and Construction Commission, whether the bargaining process was conducted in good faith, and if the agreement met the statutory criteria for being a lawful and fair agreement.

The Commission found that the application met the necessary criteria for approval. The bargaining process was deemed to have been conducted in good faith, and the agreement contained genuine terms and conditions. The Commission concluded that the agreement complied with all relevant legislative requirements and was thus fit for approval as a registered enterprise agreement. The Commission's decision was based on the thorough examination of the evidence and submissions presented by both parties.

The Commission approved the SCT Logistics (Penfield Shunting Operations) Enterprise Agreement 2014, effective from 1 April 2014. The decision was made in accordance with the requirements of the Fair Work Act, ensuring that the agreement would be a binding and lawful enterprise agreement for the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established