DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Twentieth Superpace Nominees Pty Ltd < ATF The Byrns Smith Unit Trust > T/A SCT Logistics
(AG2017/5873)

SCT LOGISTICS (QUEENSLAND) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 APRIL 2018

Application for approval of the SCT Logistics (Queensland) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics (Queensland) Enterprise Agreement 2017 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 26 April 2021.

DEPUTY PRESIDENT

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, sought approval of the SCT Logistics (Queensland) Enterprise Agreement 2017 from the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that have been independently negotiated and that meet certain criteria. The applicants argued that the agreement was a genuine bargain between the employer and the employees, and that it should be approved to provide certainty and stability in the workplace.

The legal issues before the court were whether the enterprise agreement met the requirements of the Fair Work Act, and whether it was a genuine bargain between the parties. The applicants needed to demonstrate that the agreement had been independently negotiated, and that it met the requirements for approval under the Act. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees.

The court found that the enterprise agreement met the requirements of the Fair Work Act, and that it was a genuine bargain between the parties. The applicants had demonstrated that the agreement had been independently negotiated, and that it met the requirements for approval under the Act. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The court approved the enterprise agreement, and the applicants were successful in their application.

The court ordered that the SCT Logistics (Queensland) Enterprise Agreement 2017 be approved and registered under the Fair Work Act. The agreement would now provide a framework for the terms and conditions of employment for the employees covered by the agreement, and would provide certainty and stability in the workplace. The court's decision provided clarity and guidance for both the applicants and the employees, and ensured that the agreement met the requirements of the Fair Work Act.

Twentieth Superpace Nominees Pty Ltd Twentieth Superpace Nominees Pty Ltd < ATF The Byrns

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established