DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2019/406)

SILK CONTRACT LOGISTICS PTY LTD CLAYTON ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Clayton 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 2 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Silk Contract Logistics Pty Ltd, sought approval of the Silk Contract Logistics Pty Ltd Clayton Enterprise Agreement 2018 from the Fair Work Commission. The respondents, represented by the Transport Workers Union of Australia, opposed the application. The dispute centred on the proposed terms of the enterprise agreement, which was intended to govern the employment conditions of workers at the Clayton site.

The legal issues before the court involved the interpretation and validity of various clauses in the proposed enterprise agreement, including those related to classification, remuneration, and working conditions. The respondents argued that certain provisions were inconsistent with existing awards and the Fair Work Act 2009, while the applicants contended that the agreement was fair and reasonable and complied with all applicable legal standards.

In its decision, the Fair Work Commission carefully examined each clause in the proposed agreement. The Commission found that while some provisions were indeed inconsistent with existing awards and the Fair Work Act, others could be modified to align with legal requirements. After considering the evidence and arguments presented by both parties, the Commission determined that the overall agreement was fair and reasonable, taking into account the interests of both employees and employers. The court approved the enterprise agreement, subject to certain modifications to address the respondents' concerns.

The Fair Work Commission's final orders included the approval of the Silk Contract Logistics Pty Ltd Clayton Enterprise Agreement 2018, with specified modifications to certain clauses. These modifications were intended to ensure compliance with existing awards and the Fair Work Act, while also addressing the interests of both the applicants and respondents. The agreement was to be implemented as modified, providing a framework for the employment conditions at the Clayton site.

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