Silk Logistics Holdings Limited T/A Silk Contract Logistics Summary

[2022] FWCA 2177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Silk Logistics Holdings Limited T/A Silk Contract Logistics

(AG2022/1947)

Application for approval of the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2022

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COMMISSIONER SPENCER	BRISBANE, 30 JUNE 2022

Application for approval of the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silk Logistics Holdings Limited T/A Silk Contract Logistics (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The United Workers Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 7 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

Silk Logistics Holdings Limited, trading as Silk Contract Logistics, applied to the Fair Work Commission for approval of the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2022. The application arose due to the parties' inability to reach an agreement through conciliation and arbitration processes. The dispute was heard by the Fair Work Commission, which had to decide whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the terms of the enterprise agreement complied with the provisions of the Fair Work Act. This involved assessing whether the agreement met the requirements for a low-paid workforce, included provisions for minimum rates of pay and conditions, and adhered to the principles of good faith bargaining and procedural fairness. Additionally, the court had to ensure that the agreement did not contravene any relevant industrial awards or orders.

The Fair Work Commission examined the application thoroughly, considering the evidence and submissions from both parties. The Commission found that the enterprise agreement substantially complied with the statutory requirements. It provided for minimum rates of pay and conditions that were fair and reasonable, taking into account the specific circumstances of the workforce. The Commission also noted that the agreement was the result of genuine and good faith bargaining efforts. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Silk Contract Logistics Pty Ltd NSW Enterprise Agreement 2022, determining that it met the necessary legal standards under the Fair Work Act. The decision recognised the agreement as a valid and binding contract between the employer and the employees, setting the terms and conditions of employment for the specified period.

Silk Logistics Holdings Limited T/A Silk Contract Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established