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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kalari Pty Ltd applied for approval of the Kalari Pty Ltd (BMA Mine Site Drivers) Enterprise Agreement 2018 before the Fair Work Commission. The applicants were Kalari Pty Ltd, the employer, and the Australian Council of Trade Unions, the union representative. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was required to determine whether the agreement was a genuine enterprise agreement, and if it contained all the necessary provisions, including those relating to minimum wages and conditions, and if it was free from prohibited content. Additionally, the court needed to assess whether the agreement had been made in good faith and if it complied with procedural fairness.

The court considered the evidence presented by both parties and the statutory requirements for approving an enterprise agreement. The court examined the negotiation process, the terms of the agreement, and whether the agreement met the criteria set out in the Fair Work Act 2009. The court found that the agreement was a genuine enterprise agreement, contained all the necessary provisions, and was free from prohibited content. The court also found that the agreement had been made in good faith and complied with procedural fairness.

The Fair Work Commission approved the Kalari Pty Ltd (BMA Mine Site Drivers) Enterprise Agreement 2018. The court found that the agreement was a genuine enterprise agreement that met all the necessary criteria for approval under the Fair Work Act 2009. The court found that the agreement contained all the necessary provisions, including those relating to minimum wages and conditions, and was free from prohibited content. The court also found that the agreement had been made in good faith and complied with procedural fairness. The court approved the agreement, and it will now be registered with the Fair Work Commission.

Kalari Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established