Kalari Pty Ltd

Case

[2014] FWCA 3297

19 MAY 2014

No judgment structure available for this case.

[2014] FWCA 3297

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Kalari Pty Ltd
(AG2014/980)

KALARI PTY LTD (CEDUNA MINERAL SANDS) ENTERPRISE AGREEMENT 2013

Road transport industry

COMMISSIONER ROBERTS

SYDNEY, 19 MAY 2014

Application for approval of the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2013 (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] The Agreement contains a consultation term that does not fully comply with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2014. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

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