Kalari Pty Ltd

[2013] FWCA 1180

[2013] FWCA 1180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kalari Pty Ltd
(AG2013/4472)

KALARI PTY LTD MURRAY BASIN MINERAL SANDS PROJECT ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 20 FEBRUARY 2013

Application for approval of the Kalari Pty Ltd Murray Basin Mineral Sands Project Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd Murray Basin Mineral Sands Project Enterprise Agreement 2012 (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 was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 17 January 2013.

[3] The Transport Workers’ Union of Australia - Victorian/Tasmanian Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] On 5 February 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[5] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved. I understand that the reference in undertaking 2 to “the criteria as shift workers (NES definition)” is intended to mean shift workers as defined for the purposes of the NES in the relevant modern award.

[6] I have sought the views of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

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