DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silk Contract Logistics Pty Ltd T/A Silk Contract Logistics
(AG2021/6256)

SILK CONTRACT LOGISTICS BRISBANE PORT LOGISTICS ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2021

Application for approval of the Silk Contract Logistics Brisbane Port Logistics Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Brisbane Port Logistics Enterprise Agreement 2021 (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] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 31 – Annual Leave.

• Clause 35 – Non-Attendance.

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2021. The nominal expiry date of the Agreement is 8 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silk Contract Logistics Pty Ltd, trading as Silk Contract Logistics, sought approval for the Silk Contract Logistics Brisbane Port Logistics Enterprise Agreement 2021. The application was made under the Fair Work Act 2009 to the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement met the requirements for registration under the Act, including the need for it to provide for fair and reasonable terms and conditions.

The legal issues before the court included whether the agreement was appropriately certified as a single interest enterprise agreement, whether it contained terms that were fair and reasonable, and whether it complied with the procedural requirements set out in the Act. The court also needed to determine if the agreement provided for appropriate dispute resolution mechanisms and whether it met the public interest test.

The Fair Work Commission found that the agreement was certified by a certified bargaining agent, complied with procedural requirements, and contained terms that were fair and reasonable. The court emphasised the importance of the agreement's provisions for dispute resolution and its alignment with broader industrial standards. The Commission concluded that the agreement met the public interest test and approved the application for registration. The final orders included the formal registration of the Silk Contract Logistics Brisbane Port Logistics Enterprise Agreement 2021.

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