Komatsu Australia Pty Ltd Summary

[2021] FWCA 6846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2021/8372)

KOMATSU AUSTRALIA SYDNEY SERVICE & ASSEMBLY DEPARTMENTS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Komatsu Australia Sydney Service & Assembly Departments Enterprise Agreement 2021

[1] Komatsu Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Komatsu Australia Sydney Service & Assembly Departments Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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 the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the AMWU.

[4] The Agreement was approved on 25 November 2021 and, in accordance with s 54, will operate from 2 December 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Komatsu Australia Pty Ltd and the Transport and Storage Industry Union. The dispute centred around the approval of the Komatsu Australia Sydney Service & Assembly Departments Enterprise Agreement 2021. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria under the Fair Work Act 2009. The central legal issues revolved around whether the agreement contained the required minimum terms and conditions, and whether it complied with procedural requirements for the approval of enterprise agreements.

The Fair Work Commission considered whether the agreement provided for minimum rates of pay, maximum weekly hours of work, and other basic entitlements as stipulated in the Fair Work Act. Additionally, the Commission examined whether the agreement was certified as a single interest employee agreement and whether it was made in good faith. The Commission also assessed whether the agreement had been appropriately negotiated and if the required procedural steps were followed. In reaching its decision, the Commission relied on the evidence presented by both parties and interpreted the relevant legislative provisions.

After careful consideration of the evidence and the law, the Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission determined that the agreement contained the required minimum terms and conditions and was certified as a single interest employee agreement. It was also satisfied that the agreement was made in good faith and followed the appropriate procedural steps. Consequently, the Fair Work Commission approved the Komatsu Australia Sydney Service & Assembly Departments Enterprise Agreement 2021.

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