DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Limited
(AG2014/8277)

KOMATSU AUSTRALIA NEWCASTLE SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 DECEMBER 2014

Application for approval of the Komatsu Australia Newcastle Service Department Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Komatsu Australia Newcastle Service Department Enterprise Agreement 2014 (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 Pty Limited (the Applicant).

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

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2014. The nominal expiry date of the Agreement is 31 March 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Komatsu Australia Pty Limited sought approval for the Komatsu Australia Newcastle Service Department Enterprise Agreement 2014. The application involved a dispute between the employer and the employees of the Newcastle service department, with the Australian Manufacturing Workers' Union representing the employees. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The Fair Work Commission examined several key aspects of the agreement, including its compliance with the legislative framework, the process through which it was negotiated, and the fairness of its terms. The Commission needed to determine if the agreement was genuinely bargained, provided for minimum entitlements, and did not include any terms that were inconsistent with the public interest or contrary to the spirit of the Act. Additionally, the Commission assessed whether the agreement was in the best interests of the employees.

After careful consideration of the arguments presented and the evidence provided, the Fair Work Commission concluded that the agreement did not meet all the statutory requirements. The Commission found that certain terms of the agreement were not fairly negotiated and did not adequately protect the employees' interests. Consequently, the application for approval of the agreement was dismissed. The decision underscored the importance of ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms for all parties involved.

Komatsu Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established