Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.

[2022] FWCA 2374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.

(AG2022/2218)

Komatsu Mining ADC Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 18 JULY 2022

Application for approval of the Komatsu Mining ADC Enterprise Agreement 2022.

Joy Global Australia Pty Ltd T/A Komatsu Mining Corp. has applied for approval of a single enterprise agreement known as the Komatsu Mining ADC Enterprise Agreement 2022 (the Agreement).

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 Agreement is approved and will operate from 25 July 2022. The nominal expiry date of the Agreement is 31 May 2025.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Joy Global Australia Pty Ltd, trading as Komatsu Mining Corp, applied for the approval of the Komatsu Mining ADC Enterprise Agreement 2022. The applicant sought to enter into an enterprise agreement with its employees, who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute involved the terms and conditions of employment for the employees covered by the proposed agreement.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission needed to consider the provisions of the agreement, including pay rates, hours of work, leave entitlements, and other employment conditions, to ensure they complied with the relevant statutory provisions and were fair and reasonable. Additionally, the Commission had to determine if the agreement was made in good faith and without coercion, as required by the Act.

In reaching its decision, the Commission examined the evidence and submissions from both parties. The Commission noted that the proposed agreement had been the result of extensive bargaining between the parties and that it contained provisions that were consistent with the principles of enterprise bargaining. The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission approved the Komatsu Mining ADC Enterprise Agreement 2022, effective from the date of the decision.

The Fair Work Commission approves the Komatsu Mining ADC Enterprise Agreement 2022, effective from the date of the decision. The agreement is to be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The approval is subject to the conditions set out in the decision and the ongoing compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established