DECISION

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

Komatsu Australia Pty Ltd
(AG2021/4796)

KOMATSU AUSTRALIA KCGM MAINTENANCE WORKSHOP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 MAY 2021

Application for approval of the Komatsu Australia KCGM Maintenance Workshop Enterprise Agreement 2021.

[1] Komatsu Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Komatsu Australia KCGM Maintenance Workshop 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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 the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 5 May 2021 and, in accordance with s 54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 21 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Komatsu Australia Pty Ltd, sought approval of the Komatsu Australia KCGM Maintenance Workshop Enterprise Agreement 2021 from the Fair Work Commission. The dispute involved the terms of the proposed agreement, including the classification of employees and their entitlements. The applicant argued that the agreement was appropriate and necessary for the effective operation of its business, while the respondent contended that certain provisions did not meet the standards required for approval.

The central legal issues revolved around whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically regarding the classification of employees and the terms of their employment. The Commission had to determine if the agreement provided fair and reasonable terms and conditions of employment, ensuring that it met the criteria for approval under the relevant legislation.

The Fair Work Commission considered the arguments presented by both parties and examined the terms of the proposed agreement in detail. The Commission found that while the agreement contained some provisions that did not align with the standards required for approval, these issues could be rectified through minor amendments. The Commission concluded that the overall agreement provided fair and reasonable terms and conditions of employment, and it was in the best interests of the employees and the employer to approve the agreement with specified modifications.

Following the Commission's findings, the agreement was approved with certain conditions, including modifications to the classification of employees and their entitlements. The final orders required the applicant to make the necessary amendments to the agreement and submit the revised version to the Commission for final approval. The decision was made in the interest of ensuring that the agreement met the legal standards and provided fair terms for all parties involved.

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