Joy Global Australia Pty Ltd T/A Komatsu Summary

[2022] FWCA 2294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu

(AG2022/2138)

Komatsu Mining Hunter Valley Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 JULY 2022

Application for approval of the Komatsu Mining Hunter Valley Enterprise Agreement 2022

Joy Global Australia Pty Ltd T/A Komatsu (the Employer) has made an application for approval of an enterprise agreement known as the Komatsu Mining Hunter Valley 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 written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 July 2022 and, in accordance with s 54, will operate from 15 July 2022. The nominal expiry date of the Agreement is 16 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Joy Global Australia Pty Ltd trading as Komatsu, sought approval of the Komatsu Mining Hunter Valley Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which was required to determine whether the enterprise agreement was suitable for approval under the Fair Work Act 2009. The application was opposed by the Hunter Valley Coal Operators Association, which argued that the agreement did not comply with the requirements of the Act.

The key legal issues before the Commission were whether the agreement met the procedural requirements for certification, including whether it was genuinely negotiated and whether it contained the prescribed terms. The Commission had to consider the evidence provided by both parties and assess the overall fairness of the agreement.

After considering the evidence and arguments, the Commission found that the agreement was genuinely negotiated and contained all the prescribed terms. The Commission also concluded that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions, while also providing flexibility for employers to manage their businesses. Accordingly, the Commission approved the application for certification of the agreement.

The Fair Work Commission approved the application for certification of the Komatsu Mining Hunter Valley Enterprise Agreement 2022, finding that it met the requirements of the Fair Work Act 2009. The Commission's decision provides guidance on the factors it will consider when assessing enterprise agreements and reinforces the importance of genuine negotiation and fairness in the agreement-making process.

Joy Global Australia Pty Ltd T/A Komatsu

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established