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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Kal Tire (Australia) Pty Ltd and the relevant unions. The dispute centred around the approval of the Kal Tire (Australia) Pty Ltd (Olympic Dam Operations) Enterprise Agreement 2020. The Fair Work Commission was the court that heard the application for approval of the agreement.

The primary legal issues that the commission had to decide were whether the agreement complied with the Fair Work Act 2009 and if it met the requirements for being a protected action ballot under the Act. The commission also had to consider whether the agreement was in the best interests of the employees involved.

In delivering its decision, the commission first assessed whether the agreement contained all the mandated terms and conditions as outlined in the Fair Work Act 2009. It then examined if the agreement had been subject to a genuine and informed discussion process, and if the parties had acted in good faith. The commission found that the agreement did meet the statutory requirements and was in the best interests of the employees. It approved the agreement based on these findings.

The commission ordered that the Kal Tire (Australia) Pty Ltd (Olympic Dam Operations) Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the decision, and all parties were directed to comply with its terms and conditions.

Kal Tire (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established