SCT LOGISTICS SEASONAL CANE TRANSPORT ENTERPRISE AGREEMENT 2025

Application for approval of the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the SCT Logistics Seasonal Cane Transport Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SCT Opco Pty Ltd trading as SCT Logistics (the Applicant). The Agreement is a single enterprise agreement.

[2] There is a minor discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) that was issued to employees at the commencement of bargaining. The discrepancy is the reference to the year in the title of the Agreement. Having regard to the submissions of the Applicant I am satisfied that this is a minor technical error and that the employees were not likely to have been disadvantaged by the error. Accordingly, I will disregard the error under s.188(5) of the Act.

[3] The application was required to be filed within 14 days after it was made on 13 June 2025 in accordance with s.185(3) of the Act. As it was not filed until 1 July 2025, it was filed 4 days after the expiry of the statutory timeframe. In all the circumstances, I consider it fair to extend the time for making the application pursuant to s.185(3)(b) of the Act.

[4] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] The Agreement does not provide for a delegates' rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 29A, Workplace delegates' rights, in the Road Transport and Distribution Award 2020 is to be taken to be a term of the Agreement.

[6] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[7] Noting the undertakings provided, the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[8]

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2028.

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