Kalari Pty Ltd

[2019] FWCA 3476

[2019] FWCA 3476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd
(AG2019/416)

KALARI PTY LTD (CEDUNA WORKSHOP) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2019

Application for approval of the Kalari Pty Ltd (Ceduna Workshop) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd (Ceduna Workshop) Enterprise Agreement 2019 (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 3 May 2019.

[3] On 14 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 15 May 2019. The undertaking deals with the following topics:

•  For the purposes of clause 16.2 of the Agreement, employees will receive an extra $0.50 per hour to their relevant minimum hourly wage.

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  For the purposes of clause 28 and 29 of the Agreement, annual leave will accrue progressively and will accumulate from year to year.

•  For the purposes of clause 34 of the Agreement, personal leave will accrue progressively and will accumulate from year to year.

[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 February 2022.

COMMISSIONER

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