DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics
(AG2014/10151)

SILK CONTRACT LOGISTICS PTY LTD ALTONA NORTH / LAVERTON / TULLAMARINE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Silk Contract Logistics Pty Ltd Altona North / Laverton / Tullamarine Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Altona North / Laverton / Tullamarine Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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] 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] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2014. The nominal expiry date of the Agreement is 15 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Silk Contract Logistics Pty Ltd, trading as Silk Contract Logistics, and the Fair Work Commission (FWC). The dispute arose in relation to the application for approval of the Silk Contract Logistics Pty Ltd Altona North / Laverton / Tullamarine Enterprise Agreement 2014. The primary issue before the court was whether the enterprise agreement met the requirements under the Fair Work Act 2009 for an approved agreement. Specifically, the court had to determine if the agreement had been made in accordance with the relevant provisions of the Act and whether it met the criteria for approval, including being free from prohibited content.

In addressing these issues, the FWC examined the process through which the agreement was made and whether it involved genuine bargaining between the employer and the employees' representative. The FWC also assessed whether the agreement contained any prohibited content, such as terms that would undermine the operation of the National Employment Standards or other protections provided under the Fair Work Act. The FWC considered submissions from both parties and any relevant evidence provided.

The FWC found that the agreement was made through genuine bargaining and did not contain any prohibited content. The FWC noted the efforts made by the parties to reach an agreement that was fair and balanced. The FWC concluded that the agreement was compliant with the requirements of the Fair Work Act and approved the application for the agreement. The FWC's decision was based on the evidence provided and the statutory criteria for approval.

The Fair Work Commission approved the application for the Silk Contract Logistics Pty Ltd Altona North / Laverton / Tullamarine Enterprise Agreement 2014. This approval signifies that the agreement is now legally binding between the employer and the employees covered by the agreement.

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