DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2019/405)

SILK CONTRACT LOGISTICS PTY LTD ALTONA NORTH/LAVERTON/TULLAMARINE ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Silk Contract Logistics Pty Ltd Altona North/Laverton/Tullamarine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Altona North/Laverton/Tullamarine Enterprise Agreement 2018 (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 Clause 4.7.2 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The National Union of Workers 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 27 March 2019. The nominal expiry date of the Agreement is 2 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd was the applicant in the Fair Work Commission seeking approval of an enterprise agreement under the Fair Work Act 2009. The dispute involved the proposed Enterprise Agreement 2018 for employees in Altona North, Laverton, and Tullamarine. The application was made to the Fair Work Commission, which has jurisdiction over such matters under Australian labour law. The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval and was in compliance with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided a safety net of minimum terms and conditions, complied with the good faith bargaining requirements, and was procedurally sound.

The Commission examined whether the proposed agreement satisfied the mandatory obligations outlined in the Fair Work Act, including provisions for minimum wages, leave entitlements, penalty rates, and other conditions. The applicant argued that the agreement was the product of genuine and good faith bargaining, and that it provided a safety net of terms and conditions at least as good as those provided by the relevant awards. The Commission considered submissions from both parties and evaluated the procedural fairness of the bargaining process, including whether the employees had adequate opportunity to be involved in the negotiations. The Commission also assessed whether the agreement met the specific criteria for approval as set out in the Fair Work Act.

After thorough consideration, the Fair Work Commission determined that the proposed Enterprise Agreement 2018 for Silk Contract Logistics Pty Ltd met all the necessary statutory requirements for approval. The Commission found that the agreement provided a safety net of minimum terms and conditions and that it was the result of genuine and good faith bargaining. The Commission was satisfied with the procedural fairness of the bargaining process and concluded that the agreement complied with all relevant provisions of the Fair Work Act. Consequently, the application for approval of the Enterprise Agreement 2018 was successful.

The Fair Work Commission approved the proposed Enterprise Agreement 2018 for Silk Contract Logistics Pty Ltd, effective from the date of the decision. This decision ensures that the employees covered by the agreement will have their terms and conditions governed by the new enterprise agreement, providing them with the agreed-upon terms and conditions, while also ensuring compliance with the Fair Work Act.

Silk Contract Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established