Kalari Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kalari Pty Ltd sought approval of the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2013 before the Fair Work Commission. The application was brought by Kalari Pty Ltd, the employer, against the Australian Manufacturing Workers' Union, which represented the employees. The dispute centred on whether the enterprise agreement provided fair terms and conditions for the employees.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made without coercion, duress, or any other unfair practices.

In deciding the application, the Commission considered the nature of the bargaining process and the content of the agreement. It examined the evidence provided by both parties and assessed whether the agreement was made in good faith and provided fair and reasonable terms. The Commission found that the agreement met the statutory requirements and was made without any unfair practices. It approved the agreement, finding it to be fair and reasonable for the employees.

The Fair Work Commission approved the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2013. The Commission found that the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. The decision was made in accordance with the provisions of the Fair Work Act 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