Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics

[2022] FWCA 628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics

(AG2022/256)

SCT Logistics (Altona Operations) Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 FEBRUARY 2022

Application for approval of the SCT Logistics (Altona Operations) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the SCT Logistics (Altona Operations) Enterprise Agreement 2021 (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 T/A SCT Logistics. The Agreement is a single enterprise agreement.

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.

The United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2022. The nominal expiry date of the Agreement is 14 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Twentieth Superpace Nominees Pty Ltd, trading as SCT Logistics, applied for the approval of the SCT Logistics (Altona Operations) Enterprise Agreement 2021. The application was brought under section 233 of the Fair Work Act 2009. The Fair Work Commission had previously determined that the agreement met the requirements for registration, but the applicant sought the court's approval to ensure the agreement's validity and enforceability.

The legal issues before the court included whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions. The court also had to consider whether the agreement complied with the process prescribed by the Act for the making of an enterprise agreement, including the requirement for genuine bargaining.

The court found that the agreement was made in accordance with the Fair Work Act and contained fair and reasonable terms and conditions. The applicant had demonstrated that there had been genuine bargaining between the parties, and the agreement was made in good faith. The court was satisfied that the agreement met all the requirements for approval and registration. Consequently, the court approved the agreement and ordered that it be registered.

The final orders of the court were that the SCT Logistics (Altona Operations) Enterprise Agreement 2021 be approved and registered under section 233 of the Fair Work Act 2009. The agreement was to be published on the Fair Work Commission's website and the applicant was directed to take all necessary steps to give effect to the agreement. The court's decision provided certainty and enforceability to the agreement, ensuring that the terms and conditions of employment for the employees covered by the agreement were legally binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established