Komatsu Australia Pty Ltd

[2022] FWCA 3296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2022/3872)

Komatsu Australia Newcastle Service Department Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 SEPTEMBER 2022

Application for approval of the Komatsu Australia Newcastle Service Department Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Komatsu Australia Newcastle Service Department Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Komatsu Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR

There was an issue raised by the Commission with the Employer regarding the statement as to coverage set out in the NERR provided to relevant employees.[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

Coverage of employee organisation

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

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

[1] Noting the requirements of ss. 173 and 174 of the Act.

[2] See s.188(2) of the Act and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[3] Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Komatsu Australia Newcastle Service Department Enterprise Agreement 2022. The application was brought before the Fair Work Commission, a tribunal in Australia with jurisdiction over employment matters. The parties involved included Komatsu Australia Pty Ltd, the employer, and the United Voice Union of Australia, representing the employees of the Newcastle Service Department.

The primary legal issue before the commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided fair and reasonable terms for the employees, did not discriminate against any group of employees, and was made in good faith. The commission also had to consider whether the agreement allowed for the protection of employees' rights to be free from adverse action for exercising their protected industrial action rights.

In making its decision, the commission examined the various terms and conditions outlined in the agreement, including those relating to wages, hours of work, and other employment matters. The commission found that the agreement met all the necessary criteria for approval, as it provided for fair and reasonable terms for the employees, did not discriminate against any group, and was made in good faith. The commission also determined that the agreement included appropriate protections for employees' rights to be free from adverse action for exercising their protected industrial action rights. Consequently, the commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Komatsu Australia Newcastle Service Department Enterprise Agreement 2022. This decision ensures that the terms and conditions outlined in the agreement will apply to the employees of the Newcastle Service Department, providing them with fair and reasonable terms of employment while protecting their rights under Australian employment law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established