Kalari Pty Ltd

[2013] FWCA 376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2012/13784)

KALARI WESTERN AUSTRALIA WORKSHOP PTY LTD ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JANUARY 2013

Application for approval of the Kalari Western Australia Workshop Pty Ltd Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Western Australia Workshop Pty Ltd Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 19 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The application was lodged on 28 November 2012. The nominal expiry date of the Agreement is three years from the date of lodgement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kalari Pty Ltd was the applicant in an application before the Fair Work Commission for the approval of the Kalari Western Australia Workshop Pty Ltd Enterprise Agreement 2012-2015. The application was brought by the applicant, Kalari Pty Ltd, in accordance with section 230 of the Fair Work Act 2009. The application concerned the approval of an enterprise agreement between Kalari Pty Ltd and its employees working at the Kalari Western Australia Workshop. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained the mandated minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act. In particular, the Commission had to assess whether the agreement was made without any coercion or pressure, whether it contained all the required minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission needed to consider if the agreement met the good faith bargaining requirement and if it contained appropriate dispute resolution procedures.

The Fair Work Commission found that the Kalari Western Australia Workshop Pty Ltd Enterprise Agreement 2012-2015 was a genuine enterprise agreement, as it was made without any coercion or undue influence. The agreement was found to contain the mandated minimum terms and conditions, and the Commission was satisfied that it was in the best interests of the employees. Furthermore, the Commission determined that the agreement was made in good faith and contained appropriate dispute resolution procedures. The Commission concluded that the agreement complied with all the requirements of the Fair Work Act and approved the agreement.

The Fair Work Commission approved the Kalari Western Australia Workshop Pty Ltd Enterprise Agreement 2012-2015, effective from the date of the decision. The agreement was found to meet all the necessary requirements for approval under the Fair Work Act, and it was in the best interests of the employees. The Commission's approval of the agreement ensures that the employees of Kalari Pty Ltd at the Kalari Western Australia Workshop are covered by a legally binding enterprise agreement that protects their rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established