DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2018/5554)

KOMATSU AUSTRALIA PTY LTD MUDGEE SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 APRIL 2019

Application for approval of the Komatsu Australia Mudgee Service Department Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Mudgee Service Department Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Komatsu Australia Pty Ltd applied to the Fair Work Commission for approval of the Komatsu Australia Mudgee Service Department Enterprise Agreement 2018. The applicant, an employer, and the United Mineworkers and Engineers Association, the registered union, had negotiated the agreement. The Commission was required to determine whether the agreement was in the public interest, and whether it should be approved and registered.

The legal issues before the Commission included whether the agreement met the requirements of section 231 of the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also had to consider whether the agreement was in the public interest, and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement met the requirements of the Act, and was in the public interest. The agreement provided for a fair and efficient workplace, and was consistent with other relevant legislation. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, and that it did not have any adverse effects on the broader industrial relations system. The Commission approved the agreement and registered it under section 176 of the Act.

The Fair Work Commission approved and registered the Komatsu Australia Mudgee Service Department Enterprise Agreement 2018, finding that it met the requirements of the Fair Work Act 2009 and was in the public interest. The agreement provided for a fair and efficient workplace, and was consistent with other relevant legislation. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, and that it did not have any adverse effects on the broader industrial relations system.

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