DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2017/197)

SILK CONTRACT LOGISTICS WHARF CARTAGE ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Silk Contract Logistics Wharf Cartage Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Wharf Cartage 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 Transport Workers’ Union of Australia 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 1 March 2017. The nominal expiry date of the Agreement is 28 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd was involved in an application for the approval of the Silk Contract Logistics Wharf Cartage Enterprise Agreement 2016, which was heard in the Fair Work Commission. The applicant, Silk Contract Logistics Pty Ltd, sought the approval of a new enterprise agreement, which was intended to regulate the employment conditions of its wharf carters. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements set forth in the Act, whether the agreement contained all the mandatory terms prescribed by the Act, and whether the agreement was in the best interests of the employees covered by it. Specifically, the Commission had to consider whether the agreement had been made free from any improper influence, coercion, or harassment, and whether it provided for appropriate mechanisms for dispute resolution. Additionally, the Commission needed to assess if the agreement included all the prescribed minimum terms and conditions, such as rates of pay and hours of work.

The Commission found that the agreement had been made in compliance with the procedural requirements of the Act, as there was no evidence of any procedural irregularities or improper influence during the bargaining process. The agreement was also found to contain all the mandatory terms prescribed by the Act. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, including appropriate mechanisms for dispute resolution, and it was considered to be a better alternative to the existing industrial instrument. Consequently, the Commission approved the Silk Contract Logistics Wharf Cartage Enterprise Agreement 2016.

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