Kalari Pty Ltd (‘Kalari’) Summary

[2023] FWCA 380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kalari Pty Ltd (‘Kalari’)

(AG2022/5617)

KALARI PTY LTD (CEDUNA WORKSHOP) ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER MIRABELLA	MELBOURNE, 8 FEBRUARY 2023

Application for approval of the Kalari Pty Ltd (Ceduna Workshop) Enterprise Agreement 2022.

Kalari Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Kalari Pty Ltd (Ceduna Workshop) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Agreement was approved on 8 February 2023 and will operate from 15 February 2023. The nominal expiry date of the Agreement is 28 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kalari Pty Ltd applied for approval of the Kalari Pty Ltd (Ceduna Workshop) Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for employees in the Ceduna Workshop. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement met the statutory criteria for 'better off overall' and 'no disadvantage' tests, ensuring that employees were not worse off and had not been subjected to any unfair detriment by the terms of the agreement. The Commission also examined whether the agreement appropriately addressed the process for resolving workplace disputes and whether it complied with the procedural requirements for the application.

In its decision, the Commission found that the proposed enterprise agreement met all the necessary statutory criteria. The agreement provided for a 'better off overall' situation for the employees, ensuring that their entitlements and conditions were improved or at least maintained. The Commission also confirmed that no employee would be disadvantaged by the terms of the agreement, as it did not introduce any unfair detriments. Furthermore, the agreement included an effective process for resolving workplace disputes, ensuring that employees had a fair and accessible means to address any grievances. The Commission concluded that the agreement was procedurally sound and compliant with the legislative requirements.

The Commission approved the Kalari Pty Ltd (Ceduna Workshop) Enterprise Agreement 2022, effective from the date of the decision. The agreement was deemed to be in the best interest of the employees, providing improved or maintained conditions and entitlements, without any unfair detriments.

Kalari Pty Ltd (‘Kalari’)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established