Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics

[2015] FWCA 4238

[2015] FWCA 4238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics
(AG2015/3080)

SILK CONTRACT LOGISTICS PTY LTD DERRIMUT ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 26 JUNE 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Derrimut 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 (the Applicant). The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the 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.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 2 July 2018.

COMMISSIONER

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