DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2019/403)

SILK CONTRACT LOGISTICS PTY LTD VICTORIA ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Victoria 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] 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.

[5] 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 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd applied to the Fair Work Commission for approval of the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2018. The company sought to have the agreement registered as a single-employer agreement under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for workers covered by the agreement.

The legal issues the court had to determine were whether the agreement met the requirements for registration under the Act, including whether it contained the minimum entitlements specified by the Act and whether it was made in good faith and without coercion. Additionally, the court needed to consider if the agreement was fair and reasonable and if it provided a safety net for employees.

The court found that the agreement satisfied all the criteria for registration. The agreement provided for minimum entitlements, was made in good faith, and did not involve any coercion. It was also deemed fair and reasonable, providing a safety net for employees. The court was satisfied that the agreement met the legislative requirements and approved its registration. The final orders confirmed the registration of the agreement as a single-employer agreement under the Fair Work Act 2009.

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