Kalari Pty Ltd
[2023] FWCA 1289
•8 MAY 2023
| [2023] FWCA 1289 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kalari Pty Ltd
(AG2023/1171)
KALARI PTY LTD (SSAN MINE SITE DRIVERS) ENTERPRISE AGREEMENT 2023
| Road transport industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 8 MAY 2023 |
Application for approval of the Kalari Pty Ltd (SSAN Mine Site Drivers) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (SSAN Mine Site Drivers) Enterprise Agreement 2023 (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.
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.
The Construction, Forestry, Maritime, Mining and Energy Union 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.
The Agreement was approved on 8 May 2023 and, in accordance with s.54, will operate from 15 May 2023. The nominal expiry date of the Agreement is 14 May 2026.
COMMISSIONER
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