DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2017/842)

KALARI PTY LTD (CEDUNA MINERAL SANDS) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Kalari Pty Lyd (Ceduna Mineral Sands) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Lyd (Ceduna Mineral Sands) Enterprise Agreement 2017 (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] 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] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kalari Pty Ltd, the employer, applied for the approval of the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2017. The Fair Work Commission was the tribunal that heard the application. The primary dispute was whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the provisions for shift patterns and rest breaks.

The legal issues before the Commission involved assessing if the proposed shift patterns and rest breaks in the agreement were fair and reasonable, as required by the legislation. The employer argued that the proposed conditions were necessary for operational efficiency and safety, while the employees' representative contended that the conditions were overly burdensome and did not adequately provide for rest and recuperation.

The Commission examined the specific provisions of the agreement, including the shift patterns and the allocation of rest breaks, in the context of the industry's operational demands and safety considerations. It found that the shift patterns were necessary to maintain operational continuity and safety, and that the rest break provisions were reasonable, taking into account the practicalities of the work environment. The Commission concluded that the agreement was fair and appropriate, and therefore approved it.

The Fair Work Commission approved the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2017, subject to the conditions set out in the decision. The employer was directed to implement the agreement in accordance with the approved terms, and to notify all relevant employees of the approval and its details.

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