Silk Contract Logistics Pty Ltd Summary

[2023] FWCA 2086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd

(AG2023/2154)

SILK CONTRACT LOGISTICS PTY LTD VICTORIA ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER WILSON	MELBOURNE, 10 JULY 2023

Application for approval of the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2023 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The United Workers' Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2023. The nominal expiry date of the Agreement is 15 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Silk Contract Logistics Pty Ltd, sought approval of the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2023 from the Fair Work Commission. The agreement in question aimed to regulate the terms and conditions of employment for employees within the Victoria region. The legal dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it had been genuinely negotiated. The case was heard and determined by the Fair Work Commission.

The key legal issues before the court were whether the agreement met the statutory criteria set out in the Fair Work Act, including provisions regarding genuine negotiation and the avoidance of unnecessary complexity. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the procedural requirements for enterprise agreements. The court also considered the submissions from the parties and the implications for the employees covered by the agreement.

In delivering its decision, the Fair Work Commission found that the agreement complied with the statutory requirements. The Commission was satisfied that the agreement had been genuinely negotiated and met the criteria for approval under the Fair Work Act. The Commission noted the provisions of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. The court further determined that the agreement did not introduce unnecessary complexity and was in line with the legislative framework. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2023 be approved and registered as an enterprise agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the approved agreement, providing a framework for their employment relationship.

Silk Contract Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established