Komatsu Australia Pty Ltd Summary

[2024] FWCA 4517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2024/4707)

KOMATSU AUSTRALIA MOUNT THORLEY SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 16 DECEMBER 2024

Application for approval of the Komatsu Australia Mount Thorley Service Department Enterprise Agreement 2024

Komatsu Australia Pty Ltd (“Employer”) has made an application for approval of an enterprise agreement known as the Komatsu Australia Mount Thorley Service Department Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

The following unions were bargaining representatives for the Agreement:

a.the Mining and Energy Union – Northern Mining and NSW Energy District (“MEU”); and

b.the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union – New South Wales Branch (“AMWU”)

The MEU and the AMWU support approval of the Agreement.

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

The MEU and the AMWU have each given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2) of the Act, I note that the Agreement covers the MEU and the AMWU.

The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from Monday 23 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Komatsu Australia Pty Ltd, which sought approval for the proposed Komatsu Australia Mount Thorley Service Department Enterprise Agreement 2024. The dispute arose because the proposed agreement required the endorsement of the Fair Work Commission. The company argued that the agreement met the necessary requirements for approval, while certain stakeholders contested the validity and fairness of the proposed terms.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover. The court had to consider whether the agreement met the criteria for approval, including whether it provided for the terms and conditions of employment of the employees covered by the agreement, and whether it was free from any provisions that would undermine the protection of employees' rights.

The court found that the proposed agreement met all the necessary requirements for approval. The agreement was deemed to be in the best interests of the employees, as it provided for fair and reasonable terms of employment. The court was satisfied that the agreement did not include any provisions that would undermine the protection of employees' rights and that it was consistent with the principles of the Fair Work Act. The court approved the agreement, noting that it provided a balanced and fair outcome for both the employer and the employees.

The court's final orders were that the proposed Komatsu Australia Mount Thorley Service Department Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement would now be binding on the parties involved, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Komatsu Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established