Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics

Case [2015] FWCA 5533


[2015] FWCA 5533
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics
(AG2015/3447)

SILK CONTRACT LOGISTICS PTY LTD CLAYTON ENTERPRISE AGREEMENT2015

Storage services

COMMISSIONER ROE

MELBOURNE, 12 AUGUST 2015

Application for approval of the Silk Contract Logistics Pty Ltd Clayton Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Clayton Enterprise Agreement 2015 (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 T/A Silk Contract Logistics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers 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 was approved on 12 August 2015 and, in accordance with s.54, will operate from 19 August 2015. The nominal expiry date of the Agreement is 12 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE415208  PR570747>

Details
AGLC
Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics [2015] FWCA 5533
Case
[2015] FWCA 5533
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Silk Contract Logistics Pty Ltd, trading as Silk Contract Logistics, applied for the approval of the Silk Contract Logistics Pty Ltd Clayton Enterprise Agreement 2015. The application was opposed by the Australian Services Union, who raised concerns about the fairness and compliance of the agreement with various provisions of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement adequately covered terms and conditions for employees and complied with legal requirements.

The key legal issues for the Commission to decide included whether the agreement provided for a fair and equitable set of terms and conditions, including pay and conditions, classification, and dispute resolution mechanisms. The Commission also had to consider whether the agreement complied with the formal requirements of the Fair Work Act, such as the disclosure and consultation processes. Additionally, the Commission needed to assess if the agreement met the 'better off overall test', ensuring that employees were not worse off under the new agreement.

The Fair Work Commission found that the application met the legal requirements and that the agreement was fair and reasonable. The Commission concluded that the agreement was compliant with all statutory provisions and provided for a comprehensive and equitable set of terms and conditions for the employees. The Commission was satisfied that the agreement met the 'better off overall test' and did not disadvantage any employees. The Commission approved the application and registered the Silk Contract Logistics Pty Ltd Clayton Enterprise Agreement 2015.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.