Kalari Pty Ltd Summary

[2014] FWCA 6195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2014/8501)

KALARI PTY LTD MURRAY BASIN WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 8 SEPTEMBER 2014

Application for approval of the Kalari Pty Ltd Murray Basin Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd Murray Basin Workshop Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kalari Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Kalari Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kalari Pty Ltd applied to the Fair Work Commission for approval of the Kalari Pty Ltd Murray Basin Workshop Enterprise Agreement 2014. The applicant was a company engaged in the oil and gas industry and the dispute arose in the context of a proposed enterprise agreement. The Commission was required to determine whether the proposed agreement was in the public interest and whether it complied with relevant legislative provisions.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to ascertain whether the agreement met the requirements for approval under section 233 of the Act, including whether it provided for a fair and efficient workplace and complied with the good faith bargaining obligations. Additionally, the Commission needed to assess whether the agreement provided adequate protections for employees and whether it would facilitate harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement satisfied the criteria for approval. The Commission noted that the agreement provided for fair and efficient workplaces, included provisions for good faith bargaining, and offered adequate protections for employees. The agreement also facilitated harmonious, productive and cooperative workplace relations. The Commission was satisfied that the proposed agreement was in the public interest and, accordingly, approved it under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Kalari Pty Ltd Murray Basin Workshop Enterprise Agreement 2014, finding it to be in the public interest and compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009.

Kalari Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established