DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2016/7968)

SILK CONTRACTS LOGISTICS PTY LTD NSW ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2017

Application for approval of the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2016. (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 11 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd, represented by the employer's association, applied for the Fair Work Commission's approval of the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2016. The applicant sought to have the agreement, which was intended to cover its employees, approved as a modern award to avoid the need for individual employees to seek personal relief from the Commission. The application was made under section 235 of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the requirements of the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was properly certified as a simple greenfields agreement.

The Commission found that the agreement was a genuine enterprise agreement and that it complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and that it contained all the necessary minimum terms and conditions. The Commission also found that the agreement was properly certified as a simple greenfields agreement. The Commission approved the agreement as a modern award.

The Fair Work Commission approved the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2016 as a modern award, effective from 1 March 2016. The approval means that the terms and conditions of the agreement will apply to the employees covered by the agreement, rather than the applicable award or registered agreement.

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