Kal Tire (Australia) Pty Ltd

[2020] FWCA 6041

[2020] FWCA 6041

FAIR WORK COMMISSION

DECISION

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

Kal Tire (Australia) Pty Ltd
(AG2020/3080)

KAL TIRE (AUSTRALIA) PTY LTD (OLYMPIC DAM OPERATIONS) ENTERPRISE AGREEMENT 2020

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 NOVEMBER 2020

Application for approval of the Kal Tire (Australia) Pty Ltd (Olympic Dam Operations) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kal Tire (Australia) Pty Ltd (Olympic Dam Operations) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kal Tire (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 10 November 2020 and, in accordance with s.54, will operate from 17 November 2020. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

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