Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics

[2016] FWCA 5118

[2016] FWCA 5118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics
(AG2016/1575)

SILK CONTRACT LOGISTICS PTY LTD SOMERTON ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Silk Contract Logistics Pty Ltd Somerton Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Silk Contract Logistics Pty Ltd Somerton Enterprise Agreement 2016 (Agreement). The application was made by Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

[4] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. In accordance with s.187(5)(a) of the Act, I am satisfied that National Union of Workers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with National Union of Workers and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. The nominal expiry date of the Agreement is 27 July 2019.

COMMISSIONER

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ANNEXURE A