Kalari Pty Ltd

[2018] FWCA 5892

[2018] FWCA 5892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2018/2282)

KALARI PTY LTD (BMA MINE SITE DRIVERS) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Kalari Pty Ltd (BMA Mine Site Drivers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (BMA Mine Site Drivers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kalari Pty Ltd. 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.

[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. 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement was approved on 19 September 2018 and, in accordance with s.54, will operate from 26 September 2018. The nominal expiry date of the Agreement is 26 September 2021.

COMMISSIONER

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Annexure A