Komatsu Australia Pty Limited (KAL) and Komatsu Marketing Support Australia Pty Limited (KMSA)

[2013] FWCA 7591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Komatsu Australia Pty Limited (KAL) and Komatsu Marketing Support Australia Pty Limited (KMSA)
(AG2013/2830)

KOMATSU MACKAY SERVICE & ASSEMBLY DEPARTMENTS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2013

Application for approval of the Komatsu Mackay Service & Assembly Departments Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Mackay Service & Assembly Departments Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2013. The nominal expiry date of the Agreement is31 March 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Komatsu Australia Pty Limited (KAL) and Komatsu Marketing Support Australia Pty Limited (KMSA) who applied for the approval of the Komatsu Mackay Service & Assembly Departments Enterprise Agreement 2013. The applicants sought to have this enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the validity and fairness of the agreement, particularly in relation to its provisions concerning employee conditions and rights.

The central legal issues the court had to address were whether the enterprise agreement was genuinely a product of bargaining between the employer and the employees, and if it met the requirements for fairness and registration under the Fair Work Act. Key aspects included verifying that the agreement was made in good faith, ensuring it was not coerced, and that it adhered to the principles of procedural fairness. Additionally, the court needed to determine if the agreement provided for fair terms and conditions, including minimum rates of pay, leave entitlements, and other employment standards.

The Fair Work Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was indeed the result of genuine bargaining, with no evidence of coercion or unfairness. It was noted that the agreement contained provisions that aligned with or exceeded the minimum standards prescribed by the Fair Work Act. The Commission concluded that the agreement was fair and appropriate for registration. Consequently, the court approved the application, and the Komatsu Mackay Service & Assembly Departments Enterprise Agreement 2013 was registered.

In conclusion, the court granted the applicants' request for the approval and registration of the enterprise agreement. The decision affirmed that the agreement was a fair and genuine product of bargaining between the employer and the employees, and it met all necessary legal standards for registration under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established