Silk Contract Logistics Pty Ltd

[2021] FWCA 7196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2021/8628)

SILK CONTRACT LOGISTICS PTY LTD VICTORIA ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2021

Application for approval of the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2021 (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] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Silk Contract Logistics Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The respondents were various unions representing employees of Silk Contract Logistics Pty Ltd. The dispute centred around whether the agreement met the necessary legal standards for approval, particularly in terms of its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Fair Work Commission, presided over by Commissioner [Name], was tasked with determining whether the enterprise agreement was made in good faith and if it provided for the terms and conditions of employment of the relevant employees.

The court had to decide whether the agreement was a "simple, flexible and streamlined" enterprise agreement, as required by section 226 of the Fair Work Act. This involved examining whether the agreement was genuinely negotiated between the employer and the employees or their representatives and whether it met the criteria for simplicity and flexibility. The court also needed to assess if the agreement provided for the terms and conditions of employment of the relevant employees, as required by section 227 of the Act.

The Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The agreement was genuinely negotiated between the employer and the employees, and it was simple and flexible. The agreement provided for the terms and conditions of employment of the relevant employees, including pay rates, hours of work, and leave entitlements. The Commission was satisfied that the agreement was made in good faith and met the requirements of the Fair Work Act and the Fair Work Regulations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2021. The approval was subject to the agreement being registered by the Commission. The Commission ordered that the agreement be registered and that the applicant provide a copy of the registered agreement to the Commission within 14 days of the decision. The Commission also ordered that the agreement be provided to the relevant unions and that the applicant take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established