Komatsu Australia Pty Ltd
[2022] FWCA 3296
•21 SEPTEMBER 2022
| [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.
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