DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2017/3555)

SILK CONTRACT LOGISTICS PTY LTD LYTTON ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the Silk Contract Logistics Pty Ltd Lytton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Lytton Enterprise Agreement 2017 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 22 September 2017. The nominal expiry date of the Agreement is 14 September 2020.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

The applicant, Silk Contract Logistics Pty Ltd, sought the approval of the Silk Contract Logistics Pty Ltd Lytton Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred on the terms and conditions of employment of the applicant’s employees, as outlined in the proposed enterprise agreement. The application was brought before the Commission to ensure that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission was required to decide were whether the proposed agreement complied with the procedural requirements of section 232 of the Fair Work Act, and whether it satisfied the good faith bargaining test under section 233 of the Act. Additionally, the Commission had to consider whether the agreement provided for appropriate protections for employees, including minimum entitlements and dispute resolution mechanisms.

In delivering its decision, the Commission found that the applicant had met the procedural requirements for the approval of the enterprise agreement. The Commission noted that the applicant had provided evidence of genuine attempts to negotiate with the relevant employee representatives and that the agreement had been made in good faith. The Commission also found that the proposed agreement provided for appropriate minimum entitlements for employees and included effective dispute resolution mechanisms. Therefore, the Commission approved the Silk Contract Logistics Pty Ltd Lytton Enterprise Agreement 2017.

The Commission’s final order was that the proposed enterprise agreement be approved as a registered agreement under section 178 of the Fair Work Act 2009. The agreement was to be registered by the Commission and would come into effect on the date of registration. The approval of the agreement was subject to the applicant providing the Commission with a copy of the agreement, along with any amendments made during the registration process.

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