DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd
(AG2020/3990)

SILK CONTRACT LOGISTICS WHARF CARTAGE ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2021

Application for approval of the Silk Contract Logistics Wharf Cartage Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Wharf Cartage Enterprise Agreement 2020 (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 Transport Workers' Union of Australia 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 4 February 2021. The nominal expiry date of the Agreement is 28 January 2023.

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 Wharf Cartage Enterprise Agreement 2020. The applicant is an employer involved in wharf cartage services, while the respondent is a union representing wharf cartage employees. The dispute pertained to the terms and conditions of employment within the enterprise agreement, which was proposed by the applicant and negotiated with the respondent. The Fair Work Commission heard the application.

The primary legal issue before the Commission was whether the proposed agreement was in the best interests of the employees, considering the provisions related to wage rates, allowances, and other employment conditions. The Commission had to assess whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly concerning fairness and the best interests of the employees. The applicant argued that the agreement provided fair and reasonable terms, while the respondent contended that certain provisions were not in the best interests of the employees.

After examining the evidence and submissions from both parties, the Commission concluded that the proposed agreement, with some modifications, was fair and met the requirements of the Act. The Commission accepted that the agreement provided reasonable terms and conditions for the employees, taking into account the economic and operational context of the industry. The Commission also noted that the proposed modifications did not significantly alter the overall fairness of the agreement. Consequently, the Commission approved the agreement with the modifications, finding that it was in the best interests of the employees.

The Commission's final order was the approval of the Silk Contract Logistics Wharf Cartage Enterprise Agreement 2020, with the modifications outlined in the decision. This approval ensures that the agreement will serve as the basis for employment conditions between the applicant and the employees represented by the respondent, subject to the terms and conditions specified in the approved agreement.

Silk Contract Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established