Komatsu Australia Pty Ltd

[2022] FWCA 2084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2022/1971)

Komatsu Australia Wollongong Service Department Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 JUNE 2022

Application for approval of the Komatsu Australia Wollongong Service Department Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Komatsu Australia Wollongong Service Department Enterprise Agreement 2021 (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.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), 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 1 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Komatsu Australia Pty Ltd, sought approval of the Komatsu Australia Wollongong Service Department Enterprise Agreement 2021 under the Fair Work Act 2009. The dispute arose as the applicant wished to secure approval for a new enterprise agreement which would replace the existing agreement that was expiring. The matter was heard in the Fair Work Commission.

The central legal issue was whether the new enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made in accordance with the relevant sections of the Act, whether it contained the necessary good faith provisions, and whether it met the standards set out in the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to ensure that the agreement was fair and reasonable, and that it had been made without coercion, harassment, or other forms of unfair conduct.

The Fair Work Commission carefully reviewed the terms of the proposed agreement, taking into account the statutory requirements and the principles of good faith bargaining. The Commission found that the agreement contained all the necessary provisions and had been made in accordance with the Act. It concluded that the agreement was fair and reasonable, and that it met the standards set out in the Fair Work (Registered Organisations) Act. The Commission also found that there had been no unfair conduct during the bargaining process. Therefore, the Commission approved the new enterprise agreement.

The Fair Work Commission ordered that the Komatsu Australia Wollongong Service Department Enterprise Agreement 2021 be approved and registered under the Fair Work Act. The agreement would now replace the existing agreement, providing a new framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established