Silk Contract Logistics Pty Ltd

[2021] FWCA 6902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd

(AG2021/8165)

Silk Contract Logistics Pty Ltd Caprice Warehouse & United Workers Union Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2021

Application for approval of the Silk Contract Logistics Pty Ltd Caprice Warehouse & United Workers Union Enterprise Agreement 2021

Silk Contract Logistics Pty Ltd has made an application for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Caprice Warehouse & United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 30 November 2021 and, in accordance with s 54, will operate from 7 December 2021. The nominal expiry date of the Agreement is 19 May 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The applicant, Silk Contract Logistics Pty Ltd, sought approval of the 2021 Enterprise Agreement with the United Workers Union. The applicant claimed that the agreement met the requirements of the Fair Work Act 2009 (Cth). The respondent, the Union, argued that the agreement failed to meet the requirements of the Act. The application was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements of the Act. In particular, the Union argued that the agreement did not comply with the Act's requirements regarding the inclusion of certain provisions, the disclosure of information, and the process by which the agreement was negotiated.

The Commission held that the agreement met the requirements of the Act. The Commission noted that the agreement included all the necessary provisions, that the Union had provided all the required information, and that the negotiation process was fair and reasonable. The Commission found that the Union's arguments were without merit and dismissed the application. The Commission approved the agreement and made orders accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established