DECISION

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

Kalari Pty Ltd
(AG2015/7118)

KALARI PTY LTD (MACKAY & GLADSTONE DRIVERS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 27 JANUARY 2016

Application for approval of the Kalari Pty Ltd (Mackay & Gladstone Drivers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (Mackay & Gladstone Drivers) Enterprise Agreement 2015 (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] Written undertakings have been provided in relation to paid personal/carer’s leave, public holidays, parental leave.The undertakings have been provided by the employer and are attached to the Agreement. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[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, 3 February 2016. The nominal expiry date of the Agreement is 27 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

Kalari Pty Ltd, the applicant, sought approval of the Kalari Pty Ltd (Mackay & Gladstone Drivers) Enterprise Agreement 2015 from the Fair Work Commission (FWC). The dispute centred on whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the criteria for approval, including being free from prohibited content and ensuring fair terms and conditions for employees.

The primary legal issue before the FWC was whether the Enterprise Agreement contained any terms that contravened the Fair Work Act. This involved assessing whether the agreement provided for minimum terms, whether it was procedurally valid, and whether it complied with the relevant provisions of the Act. The applicant needed to demonstrate that the agreement was made in good faith and without any duress, coercion, or other unfair practices.

The FWC determined that the Enterprise Agreement did not contain any terms that were contrary to the Fair Work Act. The FWC found that the agreement was made in good faith, free from prohibited content, and provided for fair terms and conditions for employees. The FWC noted the absence of any evidence suggesting that the agreement was made under duress or coercion. Consequently, the FWC approved the Enterprise Agreement, confirming its compliance with the statutory requirements.

In approving the agreement, the FWC made an order under section 234 of the Fair Work Act that the Kalari Pty Ltd (Mackay & Gladstone Drivers) Enterprise Agreement 2015 be approved as a registered agreement. The approval was effective from the date of the decision and applied to all 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