DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2015/1034)

SILK CONTRACT LOGISTICS PTY LTD WA ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT KOVACIC	SYDNEY, 21 MAY 2015

Application for approval of the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2015 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Silk Contract Logistics Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 21 May 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd was the applicant in a matter before the Fair Work Commission, seeking approval of an enterprise agreement with its employees. The employees were represented by the Transport Workers Union of Australia, National Branch. The dispute centred on the terms and conditions outlined in the proposed agreement, including matters such as pay rates, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission involved ensuring the agreement was made in good faith, did not discriminate on prohibited grounds, and contained appropriate mechanisms for resolving disputes. The Commission also had to assess whether the agreement appropriately balanced the interests of the employer and employees. This included scrutinising the provisions to ensure they complied with minimum entitlements and did not undermine public policy objectives.

In its decision, the Commission examined the submissions from both parties and considered the broader context of industrial relations in the sector. The Commission found that the agreement met the statutory requirements and was made in good faith. It was determined that the proposed terms and conditions were fair and reasonable, taking into account the interests of both the employer and employees. Consequently, the Commission approved the Silk Contract Logistics Pty Ltd WA Enterprise Agreement 2015, confirming its compliance with the legislative framework.

The final orders of the Commission included the approval of the enterprise agreement as presented, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions were to apply to the relevant employees as outlined in the 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