DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Limited
(AG2014/8117)

KOMATSU AUSTRALIA CADIA VALLEY MAINTENANCE DEPARTMENT ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Komatsu Australia Cadia Valley Maintenance Department Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Komatsu Australia Cadia Valley Maintenance 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 undertakings 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 9 December 2014. The nominal expiry date of the Agreement is 30 June 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Komatsu Australia Pty Limited applied for approval of the Komatsu Australia Cadia Valley Maintenance Department Enterprise Agreement 2014. The application was made to the Fair Work Commission. The respondents to the application were the employees of the maintenance department of Komatsu Australia at the Cadia Valley mine, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute was whether the enterprise agreement in question complied with the Fair Work Act 2009 and, if so, whether it should be approved and registered by the Commission.

The legal issues before the court were whether the agreement contained genuine terms and conditions, whether it was made without coercion or undue influence, and whether it complied with the provisions of the Fair Work Act. The court was required to consider whether the agreement met the criteria for approval under the Act, including that it provided for a fair and efficient workplace, and that it was made without any improper conduct. The court also had to determine whether the agreement was in the interests of the employees, and whether it provided for a fair and equitable outcome for all parties involved.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The agreement contained genuine terms and conditions, and was made without coercion or undue influence. The court found that the agreement was in the interests of the employees, and provided for a fair and equitable outcome for all parties involved. The court approved and registered the agreement, and it became legally binding on the parties from the date of registration. The Commission noted that the agreement provided for a fair and efficient workplace, and that it was made without any improper conduct. The court was satisfied that the agreement met all the requirements of the Fair Work Act, and that it was in the best interests of the employees.

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