Joy Global Australia Pty Ltd T/A Komatsu

[2024] FWCA 3618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu

(AG2024/3613)

KOMATSU MINING ROCKHAMPTON ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 17 OCTOBER 2024

Application for approval of the Komatsu Mining Rockhampton Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Komatsu Mining Rockhampton Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joy Global Australia Pty Ltd T/A Komatsu (Employer). 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, 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Joy Global Australia Pty Ltd, trading as Komatsu, applied for the approval of the Komatsu Mining Rockhampton Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009. The applicant, a mining equipment company, sought to have the proposed agreement, which was negotiated with the United Mineworkers of Australia, recognised as a protected action agreement. The proposed agreement outlined various terms and conditions of employment for employees at the Rockhampton site.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was fairly and properly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with the provisions for protected action agreements. Additionally, the Commission considered if the agreement was in the best interests of the employees and the employer, and if it provided for appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement was fairly and properly negotiated and contained all the necessary minimum terms and conditions. The agreement was deemed to be in the best interests of the employees and the employer, and it provided for appropriate dispute resolution mechanisms. The Commission also noted that the agreement contained provisions that were necessary to address the specific needs and circumstances of the employees at the Rockhampton site. As such, the Commission approved the application for the Komatsu Mining Rockhampton Enterprise Agreement 2024 to be recognised as a protected action agreement.

The Commission made an order approving the Komatsu Mining Rockhampton Enterprise Agreement 2024 as a protected action agreement, effective from the date of the decision. The agreement was to apply to employees at the Rockhampton site and would remain in effect until it was terminated, replaced, or otherwise varied in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established