Application for approval of the SCT Logistics (Penfield Operations) Enterprise Agreement 2025

[1] SCT Opco Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the SCT Logistics (Penfield Operations) Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues raised, and the Statement of Principles.[1]

[4] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

[5] The Transport Workers' Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the TWU.

[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 February 2026. The nominal expiry date of the Agreement is 30 June 2028.

Section 218A variation to correct or amend errors, defects or irregularities

[7] The front cover of the Agreement and the definition of Employer or Company in clause 2.3 of the Agreement do not refer to the correct employer.

[8] After seeking the views of the parties, I am satisfied that these are obvious errors or defects as contemplated by s.218A and that I should exercise my discretion to amend the Agreement.

[9] Accordingly, the Agreement is varied by:

• (i) deleting the reference to "Twentieth Superpace Nominees Pty Ltd T/A SCT Logistics" on the front cover of the Agreement and inserting in its place "SCT Opco Pty Ltd T/A SCT Logistics"; and

• (ii) deleting the definition of "Employer or Company" in clause 2.3 of the Agreement and inserting in its place "'Company' or 'Employer' means SCT Opco Pty Ltd T/A SCT Logistics".

[10] This variation will operate from 3 February 2026.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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