DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2015/5992)

KALARI PTY LTD (SOUTH AUSTRALIA BULK LIQUIDS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 MARCH 2016

Application for approval of the Kalari Pty Ltd (South Australia Bulk Liquids) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (South Australia Bulk Liquids) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kalari Pty Ltd. The Agreement is a single-enterprise agreement.

[2] In accordance with my decision on 1 February 2015 ([2016] FWC 525), the undertakings provided by the Company are accepted and form part of the Agreement. A copy of the undertakings is attached to this decision at Annexure A. I am also satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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 is approved and, in accordance with s.54, will operate from 13 March 2016. The nominal expiry date is 5 March 2019.

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 (South Australia Bulk Liquids) Enterprise Agreement 2015. The Fair Work Commission was asked to consider whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The application was made by Kalari Pty Ltd, an employer in the South Australian bulk liquids industry, seeking to have the agreement recognised as a registered enterprise agreement. The legal issues the court was required to decide included whether the agreement was made in good faith, whether it contained only matters that are directly related to the employees' terms and conditions of employment, and whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act.

The Fair Work Commission examined the evidence provided and considered the principles established in previous cases. It found that the agreement was made in good faith and contained only matters directly related to the employees' terms and conditions of employment. The Commission also determined that the procedural requirements for the making of the agreement had been met. As a result, the Fair Work Commission approved the Kalari Pty Ltd (South Australia Bulk Liquids) Enterprise Agreement 2015 as a registered enterprise agreement. This decision ensures that the agreement will be legally enforceable and will provide a framework for the terms and conditions of employment for the employees covered by the agreement.

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