Kalari Pty Ltd

[2022] FWCA 1089

[2022] FWCA 1089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kalari Pty Ltd

(AG2022/480)

Kalari Pty Ltd (Moura and Moranbah Long Distance Drivers) Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 29 MARCH 2022

Application for approval of the Kalari Pty Ltd (Moura and Moranbah Long Distance Drivers) Enterprise Agreement 2021.

1. Kalari Pty Ltd has applied for approval of a single enterprise agreement known as the Kalari Pty Ltd (Moura and Moranbah Long Distance Drivers) Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

1. Since the application was made, the Commission inquired about steps taken to meet the pre-approval requirements and raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these matters.

1. Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

1. Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail to the extent necessary.

1. As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

1. On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

1. The Agreement was approved on 29 March 2022 and, in accordance with s.54, will operate from 5 April 2022. The nominal expiry date of the Agreement is 5 April 2025.

1. For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.[1]

DEPUTY PRESIDENT

Annexure A

[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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