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austlii:cth/FWCA/2026/71
General information, not legal advice.
FWCA
2026-01-15
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 15 January 2026.
s.185 - Enterprise agreement
Silk Contract Logistics Pty Ltd Trading AS Silk Contract Logistics
SILK CONTRACT LOGISTICS PTY LTD VICTORIA ENTERPRISE AGREEMENT 2025
Application for approval of the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2025
[1] Silk Contract Logistics Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Silk Contract Logistics Pty Ltd Victoria Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
[5] However, noting clause 1.1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The United Workers' Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54, will operate from 22 January 2026. The nominal expiry date of the Agreement is 15 January 2029.
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