Kalari Pty Ltd

[2019] FWCA 3465

[2019] FWCA 3465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kalari Pty Ltd
(AG2019/167)

KALARI PTY LTD LARGS NORTH WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2019

Application for approval of the Kalari Pty Ltd Largs North Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd Largs North Workshop Enterprise Agreement 2018 (the Agreement) 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 matter was allocated to my Chambers on 30 April 2019.

[3] On 10 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 May 2019. The undertaking deals with the following topics:

•  Clause 8 of the Agreement will not operate so as to reduce an employee’s entitlements under the National Employment Standards (NES).

•  Despite clause 14 of the Agreement, any deductions from pay of probationary employees will be subject to s.324 of the Act.

•  Part-time employees will be engaged for a minimum of 4 hours provided that the minimum can be reduced to not less than 3 hours by agreement.

•  Dispute clause 27 of the Agreement, afternoon or night shift work allowances shall not be less than prescribed by the Manufacturing and Associated Industries Award 2010.

•  Clause 29 and 30 of the Agreement will not reduce an employee’s entitlement to annual leave as prescribed by the NES.

•  Despite clause 46 of the Agreement, employee can choose the (complying) fund to which contributions are directed at any time.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. 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, 188 and 190 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 7 days from the date of approval of the Agreement. The nominal expiry date is 21 May 2022.

COMMISSIONER

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