DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Limited and Komatsu Marketing Support Australia Pty Limited
(AG2015/332)

KOMATSU AUSTRALIA PTY LTD SYDNEY SERVICE & ASSEMBLY DEPARTMENTS, ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Komatsu Australia Pty Ltd Sydney Service & Assembly Departments, Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Sydney Service & Assembly Departments, 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 and Komatsu Marketing Support Australia Pty Limited. The agreement is a multi 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 20 March 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Komatsu Australia Pty Limited and Komatsu Marketing Support Australia Pty Limited, sought approval of the Komatsu Australia Pty Ltd Sydney Service & Assembly Departments, Enterprise Agreement 2014, from the Fair Work Commission (FWC). The applicants submitted the enterprise agreement under section 230 of the Fair Work Act 2009, as a simple or low-complexity agreement, for the FWC to make an order approving the agreement. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act.

The legal issues before the FWC were whether the agreement was a good faith agreement, whether the agreement was substantially in the interests of the employees covered by the agreement, and whether the agreement was a simple or low-complexity agreement. The applicants argued that the agreement met the criteria for approval under the Fair Work Act. The applicants submitted that the agreement was a good faith agreement, was substantially in the interests of the employees, and was a simple or low-complexity agreement. The applicants also submitted that the agreement provided for a 15.6% increase in total remuneration over four years and included provisions for increased shift loadings, a one-off lump sum payment, and improved conditions for casual employees.

The FWC found that the agreement was a good faith agreement, was substantially in the interests of the employees, and was a simple or low-complexity agreement. The FWC found that the agreement provided for a significant increase in total remuneration over four years and included provisions for increased shift loadings, a one-off lump sum payment, and improved conditions for casual employees. The FWC also found that the agreement contained provisions that were in the interests of the employees, such as provisions for improved conditions for casual employees. The FWC approved the enterprise agreement under section 231 of the Fair Work Act.

The FWC made an order approving the enterprise agreement and setting out the terms and conditions of employment for the employees covered by the agreement. The FWC also made an order that the enterprise agreement be registered with the Australian Industrial Relations Commission. The FWC's approval of the enterprise agreement was subject to the applicants providing the FWC with a copy of the enterprise agreement, as well as a copy of the agreement signed by the applicants and the relevant employee representatives.

Komatsu Australia Pty Limited and Komatsu Marketing Support 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