Kalari Pty Ltd Summary

[2013] FWCA 7802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2013/10695)

KALARI PTY LTD (MOURA LONG DISTANCE DRIVERS) ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 9 OCTOBER 2013

Application for approval of the Kalari Pty Ltd (Moura Long Distance Drivers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (Moura Long Distance Drivers) 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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2013. The nominal expiry date will be 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Kalari Pty Ltd, the Fair Work Commission was presented with an application for the approval of an enterprise agreement between Kalari Pty Ltd and the Moura Long Distance Drivers. The agreement in question, the Kalari Pty Ltd (Moura Long Distance Drivers) Enterprise Agreement 2013, was proposed to govern the employment conditions of long distance drivers working for Kalari Pty Ltd at the Moura coal mine. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for the terms and conditions of employment that were fair and reasonable.

The legal issues that the Commission needed to address included whether the agreement adhered to the procedural requirements set forth in the Fair Work Act, and if the terms and conditions within the agreement were fair and equitable. The Commission had to consider the process by which the agreement was negotiated and whether it met the statutory criteria for good faith bargaining. Additionally, the Commission examined the substantive fairness of the agreement's terms, ensuring that they were not detrimental to the employees and that they provided adequate protections and benefits.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the Kalari Pty Ltd (Moura Long Distance Drivers) Enterprise Agreement 2013 was made in good faith and provided for fair and reasonable terms and conditions. The Commission found that the agreement was negotiated in compliance with the procedural requirements and that the substantive terms were fair, considering the specific circumstances of the employees' work and the broader industry context. Consequently, the Commission approved the agreement, finding it to be a genuine enterprise agreement under the Fair Work Act.

The final orders of the Commission included the approval of the Kalari Pty Ltd (Moura Long Distance Drivers) Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the long distance drivers at Kalari Pty Ltd's Moura coal mine, providing a legally binding framework for their terms and conditions of employment.

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