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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CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd, trading as Silk Contract Logistics, applied to the Fair Work Commission for approval of the Silk Contract Logistics Pty Ltd Derrimut Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union, representing some of the employees. The core of the dispute revolved around whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the opposition questioned whether the agreement adequately protected the employees' interests and if it had been fairly negotiated.

The Fair Work Commission examined whether the agreement met the "better off overall test" and if it contained the necessary "protected attributes" as required by the legislation. The Commission also considered the fairness of the negotiation process and whether there was sufficient consultation with the employees. The union argued that the agreement did not sufficiently protect the employees' entitlements and that the negotiation process was flawed. Silk Contract Logistics, on the other hand, maintained that the agreement was fair and met all legislative requirements.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the agreement did indeed meet the statutory requirements. The Commission found that the agreement provided for terms and conditions that were at least as favourable as the applicable awards or other relevant agreements and that the negotiation process was fair. The Commission held that the agreement contained all necessary protected attributes and was in the best interests of the employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Silk Contract Logistics Pty Ltd Derrimut Enterprise Agreement 2015, affirming its compliance with the relevant legislative framework. This decision concluded that the agreement was fair and met all necessary statutory requirements, thereby setting a precedent for future enterprise agreements in similar contexts.

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