DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalari Pty Ltd T/A Kalari HSE
(AG2017/4636)

KALARI PTY LTD GLADSTONE WORKSHOP ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

Application for approval of the Kalari Pty Ltd Gladstone Workshop Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kalari Pty Ltd Gladstone Workshop Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kalari Pty Ltd T/A Kalari HSE. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 3 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kalari Pty Ltd, trading as Kalari HSE, applied to the Fair Work Commission for approval of the Kalari Pty Ltd Gladstone Workshop Enterprise Agreement 2017. The application arose from a dispute between the company and its employees regarding the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and requirements for approval.

The primary legal issues the Commission had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including provisions relating to minimum entitlements, procedural fairness, and the substantive fairness of the terms. Additionally, the Commission considered whether the agreement had been made in good faith and whether it provided for the proper protection of employees' interests.

In its decision, the Fair Work Commission examined the procedural aspects of the agreement's creation, including whether the company had appropriately consulted with the employees and their representatives. The Commission also evaluated the substantive terms of the agreement to ensure they did not unjustifiably disadvantage the employees. After reviewing the evidence and arguments presented by both parties, the Commission concluded that the agreement was fair and reasonable, and it approved the Kalari Pty Ltd Gladstone Workshop Enterprise Agreement 2017. The approval took effect from the date specified in the agreement.

Kalari Pty Ltd T/A Kalari HSE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established