Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics
[2022] FWCA 808
•9 MARCH 2022
| [2022] FWCA 808 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics
(AG2022/368)
SCT Logistics (Queensland) Enterprise Agreement 2021
| Road transport industry | |
| DEPUTY PRESIDENT ASBURY | BRISBANE, 9 MARCH 2022 |
Application for approval of the SCT Logistics (Queensland) Enterprise Agreement 2021
Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the SCT Logistics (Queensland) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The copy of the Notice of Employee Representational Rights (NERR) given to employees stated that the Applicant was giving notice of bargaining in relation to the SCT Logistics Queensland Enterprise Agreement 2017 (the 2017 Agreement) instead of correctly referring to the agreement subject of this application. The Applicant responded to concerns about this issue by stating that the reference to the previous agreement in the NERR was an error, and that it was clear that bargaining was in relation to a replacement for the 2017 Agreement.
Having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, I am satisfied that these matters are minor procedural or technical errors for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error, on the basis that 63 of 70 employees covered by the Agreement voted and of the 63 employees who voted, 51 voted to approve the Agreement. The Transport Workers’ Union of Australia, a bargaining representative of employees also supports the approval of the Agreement. I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
Clause 3.1 of the Agreement states that the Agreement will come into effect from the start of the first full pay period 7 days following approval by the Fair Work. This is inconsistent with s.54 of the Act which requires that an enterprise agreement commence to operate 7 days after the Agreement is approved or if a later date is specified, that later date. Accordingly, the Agreement will operate 7 days from the date of this decision.
I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer declarations in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the Applicant, however, considering s.186(3) and (3A), an on the basis of the information contained in the Form F17’s, I am satisfied that the ground of employees covered by the Agreement was fairly chosen.
The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
The Agreement is approved in accordance with s.54 of the Act and will operate from 16 March 2022. The nominal expiry date of the Agreement is 27 November 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515251 PR739074>
0
0
0