Silk Contract Logistics Pty Ltd

[2013] FWCA 8772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2013/10996)

SILK CONTRACT LOGISTICS PTY LTD FUCHS WAREHOUSE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Silk Contract Logistics Pty Ltd Fuchs Warehouse & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Fuchs Warehouse & National Union of Workers Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 14 November 2013. The nominal expiry date of the Agreement is 7 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Silk Contract Logistics Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents were the Fuchs Warehouse and the National Union of Workers. The dispute centred on whether the agreement complied with the requirements of the Act, specifically regarding the coverage of the agreement, the extent to which it addressed the bargaining obligations of the parties, and whether it contained provisions that were contrary to public policy. The matter was heard in the Fair Work Commission.

The court was required to determine whether the proposed enterprise agreement was properly certified as a simple, low risk, and genuine agreement. This involved examining whether the agreement covered all relevant employees, addressed the required matters, and was free from any provisions that contravened public policy. The court also needed to consider whether the agreement had been made in good faith and whether it provided for the protection of employees' rights and entitlements.

The Fair Work Commission found that the proposed agreement was properly certified and met the necessary criteria. The agreement covered all relevant employees, addressed the required matters, and contained no provisions that were contrary to public policy. The court was satisfied that the agreement had been made in good faith and provided for the protection of employees' rights and entitlements. As a result, the court approved the agreement.

The Fair Work Commission approved the Silk Contract Logistics Pty Ltd Fuchs Warehouse & National Union of Workers Enterprise Agreement 2013. The agreement is now legally binding on the parties and their employees. The decision of the court is final and binding, and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established