DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kalari Pty Ltd
(AG2016/999)

KALARI PTY LTD MOURA LOAD OUT OPERATORS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 3 MAY 2016

Application for approval of the Kalari Pty Ltd Moura Load Out Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd Moura Load Out Operators Enterprise Agreement 2016 (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 Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 10 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Kalari Pty Ltd Moura Load Out Operators Enterprise Agreement 2016 was brought before the Fair Work Commission. The applicant, Kalari Pty Ltd, sought approval for the agreement, which was intended to govern the employment conditions of load out operators at the Moura coal mine. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of its provisions on minimum wages, leave entitlements, and other employment conditions.

The legal issues before the Commission involved determining whether the agreement contained the mandated minimum terms and conditions set out in the Fair Work Act, and if it was free from prohibited content. Key considerations included whether the agreement provided for adequate minimum wages, leave entitlements, and other essential employment conditions, and whether it contained any provisions that contravened the Act or were otherwise unlawful.

The Commission examined the agreement in detail, assessing each clause against the statutory requirements and the principles of good faith bargaining. The Commission found that the agreement met all the mandatory minimum terms and conditions and did not contain any prohibited content. The provisions on wages, leave, and other employment conditions were deemed to be compliant with the Act, and the agreement was considered to have been made in good faith. Based on this assessment, the Commission approved the agreement.

In approving the agreement, the Commission issued an order that the Kalari Pty Ltd Moura Load Out Operators Enterprise Agreement 2016 be registered. The agreement is now legally binding on the parties, and it will govern the employment conditions of the load out operators at the Moura coal mine.

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