DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2018/5989)

KOMATSU AUSTRALIA EMERALD SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2019

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

[1] Komatsu Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Komatsu Australia Emerald Service Department Enterprise Agreement 2018 (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 statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisation, I note that the Agreement covers these organisation.

[5] The Agreement was approved on 26 March 2019 and, in accordance with s 54, will operate from 2 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

The applicant, Komatsu Australia Pty Ltd, applied to the Fair Work Commission for approval of the Komatsu Australia Emerald Service Department Enterprise Agreement 2018. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner [Name], was tasked with determining whether the agreement met the necessary legal criteria.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions, allowed for genuine bargaining, and contained necessary provisions to ensure that employees were not worse off. The applicant argued that the agreement was the result of genuine and independent negotiations and provided for fair terms and conditions. The Commission had to assess whether the agreement adequately protected the interests of the employees and whether it met the statutory requirements for enterprise agreements under the Fair Work Act.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement satisfied the requirements of the Fair Work Act. The Commission determined that the agreement provided for the minimum terms and conditions, and there was no evidence to suggest that the agreement was not the result of genuine bargaining. The Commission also found that the agreement did not result in employees being worse off financially or in terms of other conditions of employment. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The Fair Work Commission approved the Komatsu Australia Emerald Service Department Enterprise Agreement 2018, confirming that it met the necessary legal criteria under the Fair Work Act. The Commission's decision was based on the conclusion that the agreement provided for minimum terms and conditions, was the result of genuine bargaining, and did not result in employees being worse off. The applicant's application for approval was therefore granted.

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