Kalari Pty Ltd

[2013] FWCA 1179

FAIR WORK COMMISSION

DECISION

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

Kalari Pty Ltd
(AG2013/4474)

KALARI PTY LTD PORTLAND/HAMILTON ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 20 FEBRUARY 2013

Application for approval of the Kalari Pty Ltd Portland/Hamilton Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd Portland/Hamilton Enterprise Agreement (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kalari Pty Ltd is an employer that sought approval of an enterprise agreement from the Fair Work Commission. The applicant argued that the agreement would provide for fair and efficient workplace arrangements. The applicant contended that the agreement provided for appropriate mechanisms to resolve disputes and protect the rights of employees. The Fair Work Commission was the court in this matter.

The legal issues before the court were whether the agreement provided for fair and efficient workplace arrangements, and whether it contained appropriate mechanisms to resolve disputes and protect the rights of employees. The court had to consider the relevant provisions of the Fair Work Act 2009 (Cth) and ensure that the agreement met the requirements of the Act.

The court found that the agreement provided for fair and efficient workplace arrangements and contained appropriate mechanisms to resolve disputes and protect the rights of employees. The court noted that the agreement provided for a clear process for resolving disputes and protected the rights of employees to be free from discrimination and unfair treatment. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009 (Cth) and approved the agreement.

The court approved the Kalari Pty Ltd Portland/Hamilton Enterprise Agreement, subject to certain conditions. The applicant was required to provide a copy of the approved agreement to the Fair Work Ombudsman and to ensure that the agreement was brought into effect within 30 days of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established