Kalari Pty Ltd

[2023] FWCA 865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kalari Pty Ltd

(AG2023/424)

KALARI PTY LTD (PORTLAND WORKSHOP) ENTERPRISE AGREEMENT 2022

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2023

Application for approval of the Kalari Pty Ltd (Portland Workshop) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (Portland Workshop) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kalari Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2023. The nominal expiry date of the Agreement is 22 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Kalari Pty Ltd, who applied for the approval of the Kalari Pty Ltd (Portland Workshop) Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval. The primary dispute centred around several provisions within the agreement, particularly those concerning employee entitlements and working conditions.

The legal issues before the court included whether the agreement complied with the Fair Work Act 2009, specifically concerning the provisions on minimum entitlements such as wages, hours of work, and leave. The court also examined whether the agreement provided for adequate employee protections and if it was made in good faith and without coercion. Another key issue was whether the agreement adequately covered all the necessary aspects of the employment relationship as required by the legislation.

In its reasoning, the court noted that the agreement contained provisions that met the statutory minimum standards set out in the Fair Work Act 2009. It found that the agreement provided for appropriate wage rates and conditions that were not less favourable than the applicable awards. The court also concluded that the agreement had been made in good faith and without any element of coercion, as evidenced by the process followed in reaching the agreement. Therefore, the Fair Work Commission approved the Kalari Pty Ltd (Portland Workshop) Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established