Komatsu Australia Pty Ltd

[2022] FWCA 4524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2022/5204)

Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 20 DECEMBER 2022

Application for approval of the Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022 (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 Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the provisions of clause 16.4 (Redundancy) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 27 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Komatsu Australia Pty Ltd and its employees, specifically regarding the approval of the Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022. The dispute centred on the fairness and compliance of the proposed agreement with relevant industrial laws. The Fair Work Commission was the tribunal that heard and decided the matter.

The central legal issue was whether the agreement was a "genuine" enterprise agreement as defined under the Fair Work Act 2009. The court needed to determine if the agreement had been made in good faith, and if it contained the necessary provisions as required by the legislation. Additionally, the court examined if the agreement had been appropriately negotiated and if the process followed was procedurally fair.

The court conducted a detailed analysis of the negotiation process, examining the evidence provided by both parties. It found that the agreement was made in good faith and that the negotiation process was fair and transparent. The court also confirmed that the agreement contained all the required provisions and was compliant with the Fair Work Act 2009. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022, finding it to be a genuine enterprise agreement. The court's decision was based on the evidence that the agreement was made in good faith, the negotiation process was fair, and it contained all the necessary provisions as required by law. This approval now allows the agreement to be implemented between Komatsu Australia Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established