Kalari Pty Ltd

[2016] FWCA 2864

[2016] FWCA 2864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Kalari Pty Ltd
(AG2016/670)

KALARI PTY LTD PORTLAND/HAMILTON ENTERPRISE AGREEMENT

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 MAY 2016

Termination of the Kalari Pty Ltd Portland/Hamilton Enterprise Agreement.

[1] On 23 March 2016, Kalari Pty Ltd (Kalari) made an application to terminate the Kalari Pty Ltd Portland/Hamilton Enterprise Agreement 1 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] There are no employees currently covered by the Agreement.

[3] The Transport Workers’ Union of Australia (TWU) notified my chambers via email on 18 April 2016 that it opposed the application. However, Kalari has since notified my chambers that it has agreed to apply the terms and conditions of the Kalari Pty Ltd Murray Basin Mineral Sands Project Enterprise Agreement 2012 2 to the employment of any employees engaged to work at or from Kalari’s Portland or Hamilton depots in future, whose employment would otherwise be covered by the Road Transport and Distribution Award 20103. On this basis, I understand the TWU no longer opposes the application.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

 1   AE899980.

 2   AE899981.

 3   MA000038.

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<Price code A, AE899980  PR580098>