Komatsu Australia Pty Limited Summary

[2014] FWCA 8338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Limited
(AG2014/7831)

KOMATSU GLADSTONE AND EMERALD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Komatsu Gladstone and Emerald Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Gladstone and Emerald Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Komatsu Australia Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union were parties to an enterprise agreement. The union applied for the agreement's approval under the Fair Work Act 2009, but Komatsu opposed the application. The matter was heard by the Fair Work Commission.

The primary issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained the necessary good faith provisions and if it complied with the procedural requirements for enterprise agreements.

The court found that the agreement did meet the good faith requirements, as it included provisions for the parties to negotiate in good faith and resolve disputes amicably. The court also found that the agreement complied with the procedural requirements, as it had been made following a protected industrial action. The court approved the agreement, noting that it was in the best interests of the employees.

The Fair Work Commission approved the Komatsu Gladstone and Emerald Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act. The agreement is now legally binding on the parties and their employees.

Komatsu Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established