DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Komatsu Australia Pty Ltd
(AG2021/6016)

KOMATSU AUSTRALIA PTY LTD GERALDTON SERVICE BRANCH ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JULY 2021

Application for approval of the Komatsu Australia Pty Ltd Geraldton Service Branch Enterprise Agreement 2021.

[1] Komatsu Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Geraldton Service Branch Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 14 July 2021 and, in accordance with s 54, will operate from 1 August 2021. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Komatsu Australia Pty Ltd and its employees at the Geraldton Service Branch were before the Fair Work Commission in an application for the approval of their enterprise agreement. The agreement was proposed under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace arrangements as outlined in the proposed agreement.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions mandated by the Act, and whether it was made in good faith and without coercion. The Commission also needed to assess whether the agreement provided for a fair and efficient system of dispute resolution.

The Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements. The Commission noted that the agreement contained all the mandated minimum terms and conditions, and that the process through which the agreement was negotiated was free from any coercion or bad faith. The Commission also determined that the dispute resolution mechanisms within the agreement were fair and efficient. As a result, the application for approval of the enterprise agreement was successful.

The final orders included the approval of the Komatsu Australia Pty Ltd Geraldton Service Branch Enterprise Agreement 2021, effective from the date of the Commission's decision. The approved agreement was to be registered and published in accordance with the provisions of the Fair Work Act.

Komatsu Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established