Kal Tire (Australia) Pty Ltd T/A Kal tire

[2017] FWCA 6963

[2017] FWCA 6963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kal Tire (Australia) Pty Ltd T/A Kal tire
(AG2017/3925)

KAL TIRE (AUSTRALIA) PTY LTD MUSWELLBROOK EARTHMOVER TYRE REPAIR EMPLOYMENT AGREEMENT, 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Kal Tire (Australia) Pty Ltd Muswellbrook Tyre Repair Employment Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kal Tire (Australia) Pty Ltd Muswellbrook Tyre Repair Employment Agreement 2016. (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 T/A Kal tire. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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 National Union of Workers 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.

[6] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

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Annexure A