Kalari Pty Ltd
[2022] FWCA 1345
•3 MAY 2022
| [2022] FWCA 1345 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kalari Pty Ltd
(AG2022/975)
Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2021
| Road transport industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 3 MAY 2022 |
Application for the approval of Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (Ceduna Mineral Sands) Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Kalari Pty Ltd (Employer). 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, and on the basis of the material before the Commission in support of the application, 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.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:
Clause 27d.(d) which deals with the deduction of monies due to employees on termination; and
Clause 50 regarding the payment of severance pay where an employee rejects an offer of alternative employment.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 May 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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Annexure A
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