Komatsu Australia Pty Ltd Summary

[2022] FWCA 1483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2022/1197)

Komatsu Australia Gunnedah Service Department Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 MAY 2022

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

An application has been made for approval of an enterprise agreement to be known as the Komatsu Australia Gunnedah 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 “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 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 9 May 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

In the Fair Work Commission, Komatsu Australia Pty Ltd applied for approval of the Komatsu Australia Gunnedah Service Department Enterprise Agreement 2021. The agreement in question was made between Komatsu Australia and certain employees within the Gunnedah Service Department, who are represented by the United Voice union. The primary dispute centred around the terms and conditions of employment, particularly regarding pay rates, classification, and other employment entitlements.

The legal issues that the Commission was required to determine involved whether the enterprise agreement complied with the Fair Work Act 2009, specifically with respect to the process through which the agreement was made and whether it met the requirements for "genuine agreement" and "protected action." The Commission also needed to ensure that the agreement did not unfairly disadvantage employees and that it adhered to the provisions of the National Employment Standards and other relevant industrial instruments.

The Commission found that the agreement was made in good faith and that there was genuine agreement between the parties. It considered the evidence presented regarding the negotiation process and the manner in which the agreement was reached. The Commission determined that the agreement was fair and met the requirements of the Act. It concluded that the agreement was appropriately made and did not contain any terms that were contrary to public policy or that would otherwise be invalid. The Commission approved the enterprise agreement, finding that it was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the Komatsu Australia Gunnedah Service Department Enterprise Agreement 2021. The approval signifies that the agreement is now legally binding and enforceable, governing the terms and conditions of employment for the specified employees within the Gunnedah Service Department.

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