Kalari Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kalari Pty Ltd, applied to the Fair Work Commission for the approval of the Kalari Pty Ltd (SSAN Mine Site Drivers) Enterprise Agreement 2023. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009 and was made in good faith. The respondents included the unions involved and certain employees who contested the agreement on various grounds.

The primary legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act, particularly if it was made in good faith and if it provided for the proper administration of the agreement. Furthermore, the Commission had to consider if the agreement was a bona fide enterprise agreement and if it complied with the provisions regarding the treatment of employees and their rights.

The Commission found that the agreement was made in good faith and complied with the statutory requirements under the Fair Work Act. The evidence presented indicated that the agreement was negotiated in a manner consistent with good faith bargaining and that the parties had made genuine efforts to reach a resolution. The Commission also found that the agreement provided for the proper administration and enforcement of its terms. As such, the application was approved, and the agreement was registered.

The Fair Work Commission approved the Kalari Pty Ltd (SSAN Mine Site Drivers) Enterprise Agreement 2023 and ordered its registration. This decision ensures that the agreement will be legally binding between the parties and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established