DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Ltd
(AG2019/1510)

KOMATSU AUSTRALIA NEWCASTLE SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the Komatsu Australia Newcastle Service Department Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Newcastle Service Department Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Australia Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Komatsu Australia Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the application for approval of the Komatsu Australia Newcastle Service Department Enterprise Agreement 2019. The Fair Work Commission was the tribunal tasked with examining the application and determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues that the court had to address were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The court had to consider whether the bargaining process adhered to the necessary protocols and whether the agreement contained all the mandatory terms and conditions as stipulated by the Act. Additionally, the court was required to ensure that the agreement did not undermine the safety and welfare of employees.

In examining the application, the court reviewed the evidence presented by both parties regarding the bargaining process and the contents of the agreement. The court found that the bargaining process was conducted in accordance with the relevant provisions of the Fair Work Act, and that all mandatory terms were included in the agreement. Furthermore, the court was satisfied that the agreement did not have an adverse effect on the safety and welfare of employees. Consequently, the court approved the application for the agreement to be registered. The court's decision was based on a thorough analysis of the procedural and substantive elements of the agreement, as well as a consideration of the evidence provided by the parties involved.

Komatsu Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established