Silk Contract Logistics Pty Ltd

[2021] FWCA 7067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2021/8654)

SILK CONTRACT LOGISTICS PTY LTD LYTTON & PORT OF BRISBANE ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER SPENCER	BRISBANE, 13 DECEMBER 2021

Application for approval of the Silk Contract Logistics Pty Ltd Lytton & Port of Brisbane Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Lytton & Port of Brisbane 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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters 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 the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[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 20 December 2021. The nominal expiry date of the Agreement is 14 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Silk Contract Logistics Pty Ltd, applied for the approval of the Silk Contract Logistics Pty Ltd Lytton & Port of Brisbane Enterprise Agreement 2021. The application arose out of negotiations between the applicant and the trade union, the Transport Workers Union of Australia, as the representative of the employees. The dispute centred on whether the terms of the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement contained terms that were consistent with the provisions of the Fair Work Act, including whether it met the "better off overall test" and whether it provided for the appropriate minimum entitlements for the employees. The Commission had to consider the fairness and reasonableness of the proposed terms, including wages, leave entitlements, and other conditions of employment, in light of the economic circumstances and the bargaining positions of the parties.

The Commission carefully reviewed the terms of the proposed agreement, considering submissions from both parties. It assessed whether the proposed terms provided for the employees to be "better off overall" than they would be under the applicable award or safety net minimum entitlements. The Commission also examined the evidence regarding the bargaining positions of the parties and the economic context in which the negotiations took place. Ultimately, the Commission was satisfied that the proposed agreement met the requirements of the Fair Work Act, providing fair and reasonable terms and conditions for the employees.

Accordingly, the Fair Work Commission approved the Silk Contract Logistics Pty Ltd Lytton & Port of Brisbane Enterprise Agreement 2021, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the employees as of the commencement date, subject to any further orders that may be made by the Commission in relation to the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established