Kalari Pty Ltd

[2013] FWCA 1179

[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

<Price code G, AE899980  PR534277>