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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The matter was heard by Deputy President M E Davies in the Commission's Melbourne office. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the application needed to demonstrate that the agreement had been fairly negotiated and included certain mandatory terms.

The legal issues revolved around whether the agreement had been genuinely bargained between the employer and the employees' representatives and whether it contained all the mandatory provisions required by the Act. The employer argued that the agreement had been fairly negotiated and included all necessary terms. The employees' representatives contended that the process was flawed and that some mandatory terms were missing.

Deputy President Davies determined that the agreement had indeed been fairly negotiated between the parties. The employer provided evidence of the negotiation process, including meeting minutes and correspondence. The Deputy President also found that the agreement contained all the mandatory terms required by the Act. Based on these findings, the application for approval was successful.

The Fair Work Commission approved the Silk Contract Logistics Pty Ltd Somerton Enterprise Agreement 2016. This decision confirmed the agreement's validity and enforceability, ensuring that the terms would govern the employment relationship between the parties going forward.

Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established