Komatsu Australia Pty Ltd

[2022] FWCA 13

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2021/8965)

Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 JANUARY 2022

Application for approval of the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that each organisation wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 January 2022. The nominal expiry date of the Agreement is 11 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Komatsu Australia Pty Ltd, applied to the Fair Work Commission for approval of a proposed enterprise agreement. The respondents included two unions, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers' Union (AMWU). The agreement, titled "Pilbara/Kimberley Service Branch Enterprise Agreement 2021", sought to regulate employment terms and conditions for workers in the Pilbara and Kimberley regions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether it contained all the mandatory terms and conditions as prescribed by the Act. The Commission also needed to assess whether the agreement promoted simplification and clarity in the industrial relations system and whether it was in the public interest to approve it. Furthermore, the Commission had to consider the fairness and reasonableness of the agreement, ensuring that it did not undermine the protections provided to employees.

The Fair Work Commission found that the agreement was made in accordance with the procedural requirements set out in the Act. It was determined that the agreement had been negotiated in good faith, with adequate disclosure of relevant information and meaningful bargaining between the parties. The Commission also concluded that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act. The agreement was deemed to promote simplification and clarity in the industrial relations system and was in the public interest. Finally, the Commission found that the agreement was fair and reasonable, providing appropriate protections for employees while allowing for flexibility in the workplace.

The Fair Work Commission approved the "Pilbara/Kimberley Service Branch Enterprise Agreement 2021" with the conditions that it be registered by the Registrar of the Fair Work Commission. The agreement will now apply to the employees of Komatsu Australia Pty Ltd in the Pilbara and Kimberley regions, regulating their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established