Silk Contract Logistics Pty Ltd

[2019] FWCA 4677

[2019] FWCA 4677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2019/2077)

SILK CONTRACT LOGISTICS PTY LTD WA ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2019

Application for approval of the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silk Contract Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that the weekly wages at clause 2.1 of the agreement (Wage Rates) are higher than the actual hourly rate when times by the 38 hour week. The Applicant submits that the weekly rates were calculated incorrectly and the weekly rate should be slightly different than what is currently in the Agreement as agreed upon. Given the submissions provided to the Commission, I am satisfied that all employees covered by the Agreement were aware that the rates in clause 2.1 would be the hourly rate times by the 38 work week and would result in a different weekly rate than what is currently in the Agreement. I refer to section 586 of the Act and exercise discretion to allow a correction to the rates in clause 2.1 of the agreement.

[5] The National Union of Workers (NUW) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 3 July 2022.

DEPUTY PRESIDENT

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Annexure A