Kaljarri Corporation Pty Ltd Summary

[2013] FWCA 7727

FAIR WORK COMMISSION

DECISION

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

Kaljarri Corporation Pty Ltd
(AG2013/8850)

18 DEGREES ENTERPRISE BARGAINING AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 4 OCTOBER 2013

Application for approval of the 18 Degrees Enterprise Bargaining Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Kaljarri Corporation Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the 18 Degrees Enterprise Bargaining Agreement 2013 (the ‘Agreement’).

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 October 2013 and have a nominal expiry date of 8 October 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Kaljarri Corporation Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the application for approval of the 18 Degrees Enterprise Bargaining Agreement 2013. The application was brought by Kaljarri Corporation Pty Ltd, an employer, seeking approval for the proposed agreement that outlines the terms and conditions of employment for its employees covered by the agreement. The dispute primarily revolves around whether the agreement meets the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue the Commission had to address was whether the agreement, which was negotiated in good faith and covers employees across various classifications, adequately addresses the bargaining obligations under the Act. Specifically, the Commission examined whether the agreement appropriately provides for minimum rates of pay, entitlements, and other terms and conditions of employment that comply with the statutory minimum standards. Additionally, the Commission considered whether the agreement contained appropriate dispute resolution mechanisms and whether it was certified by an independent certifier as meeting the requirements for simplicity, clarity, and accessibility.

In reaching its decision, the Commission meticulously reviewed the provisions of the agreement, taking into account the statutory criteria set out in the Fair Work Act. It found that the agreement was comprehensive and provided for all required terms and conditions, including minimum rates of pay and entitlements. The Commission also noted that the agreement had been certified as meeting the simplicity, clarity, and accessibility requirements, and that it included effective dispute resolution mechanisms. Consequently, the Commission approved the 18 Degrees Enterprise Bargaining Agreement 2013, affirming that it met all necessary legislative standards for approval. The final orders were made accordingly, recognising the agreement as a valid and binding enterprise bargaining agreement.

Kaljarri Corporation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established