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

[2021] FWCA 6532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.
(AG2021/7994)

KOMATSU MINING ROCKHAMPTON ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 NOVEMBER 2021

Application for approval of the Komatsu Mining Rockhampton Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Komatsu Mining Rockhampton Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Joy Global Australia Pty Ltd T/A Komatsu Mining Corp. (Employer). The Agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 4 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Joy Global Australia Pty Ltd trading as Komatsu Mining Corp and its employees. The dispute centred on the application for the approval of the Komatsu Mining Rockhampton Enterprise Agreement 2021. The Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the requirements for "protected action" and "good faith" bargaining.

The primary legal issue was whether the agreement was genuinely negotiated and whether it contained terms that were consistent with the principles of good faith bargaining. The Commission considered the process through which the agreement was reached, including the extent to which the employer and the union had engaged in meaningful negotiations. Additionally, the Commission examined whether the agreement's terms were fair and reasonable, taking into account the economic and operational context of the workplace.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated in good faith and contained terms that were fair and reasonable. The Commission noted that both parties had engaged in extensive negotiations and that the agreement reflected a balanced consideration of the interests of both employers and employees. The Commission also considered the economic and operational context, including the financial position of the company and the broader industry trends. As a result, the Commission approved the Komatsu Mining Rockhampton Enterprise Agreement 2021, finding it to be compliant with the requirements of the Fair Work Act 2009.

The Fair Work Commission ordered the approval of the Komatsu Mining Rockhampton Enterprise Agreement 2021, effective from 1 July 2021. The agreement was to apply to all employees of Joy Global Australia Pty Ltd trading as Komatsu Mining Corp in the Rockhampton area, and it was to remain in force until 30 June 2025, subject to any earlier termination in accordance with its terms. The Commission's decision provided certainty to both employers and employees, ensuring that the agreement was legally binding and enforceable under the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established