Joy Global Australia Pty Ltd T/A Komatsu Summary

[2024] FWCA 4567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu

(AG2024/4891)

KOMATSU MINING MOSS VALE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 19 DECEMBER 2024

Application for approval of the Komatsu Mining Moss Vale Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Komatsu Mining Moss Vale Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Joy Global Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. That clause will have work to do in relation to the following conditions:

· Clause 26 – Compassionate leave: The Agreement clause does not refer to the NES entitlements for miscarriage and stillbirth.

· Clause 45.2.6 – Redundancy payments: The redundancy pay entitlement for employees with between 1 and 2 years of service would be 4 weeks under the NES and 3 weeks under the Agreement.

· Clause 50.2 – Family and domestic violence leave: The Agreement entitlements operate in more limited circumstances than the NES entitlements.

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 (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU and the CEPU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 September 2027.

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, applied for the approval of the Komatsu Mining Moss Vale Enterprise Agreement 2024. The application arose from the negotiation process between the company and the relevant trade union, which resulted in the proposed agreement. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue for the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections concerning the avoidance of industrial action, the provision of a fair and reasonable process for negotiation, and the content of the agreement itself. The Commission also needed to consider whether the agreement provided for appropriate minimum terms and conditions, and whether it had been negotiated in good faith.

The Commission carefully reviewed the negotiation process and the content of the agreement. It found that the negotiation process had been conducted in good faith and that the agreement contained provisions that met the minimum terms and conditions as set out in the Fair Work Act. The Commission also determined that the agreement provided for mechanisms to avoid industrial action and that it was fair and reasonable. Consequently, the Commission approved the agreement, noting that it met all the statutory requirements for approval.

The final order of the Commission was that the Komatsu Mining Moss Vale Enterprise Agreement 2024 be approved in accordance with section 173 of the Fair Work Act 2009. This decision ensures that the agreement can now be implemented, providing a framework for the employment conditions of the employees covered by the agreement.

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