Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.
[2022] FWCA 341
•4 FEBRUARY 2022
| [2022] FWCA 341 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.
(AG2021/9240)
Komatsu Mining Moss Vale Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 4 FEBRUARY 2022 |
Application for approval of the Komatsu Mining Moss Vale Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Komatsu Mining Moss Vale Enterprise Agreement 2021 (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 Mining Corp. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
The Form F17 filed by the Applicant indicates that a copy of the Notice of Employee Representational Rights was not provided to the employees on long term absence. I am however satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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 11 February 2022. The nominal expiry date of the Agreement is 30 September 2024.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE514826 PR738052>
0
0
0