DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2018/3236)

KOMATSU AUSTRALIA PTY LTD PILBARA / KIMBERLEY SERVICE BRANCH ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 OCTOBER 2018

Application for approval of the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 October 2018 and, in accordance with s.54, will operate from 9 October 2018. The nominal expiry date of the Agreement is 9 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Komatsu Australia Pty Ltd applied for the approval of the Pilbara/Kimberley Service Branch Enterprise Agreement 2017. The application was brought forward to determine whether the agreement met the requirements for registration under the Fair Work Act 2009. The dispute centred on the provisions of the agreement and whether it complied with the legislative standards and protected the interests of the employees.

The central legal issues the court had to resolve were whether the agreement complied with the formal requirements of the Fair Work Act, whether it met the "better off overall test" and whether it provided for proper and adequate consultation with the employees. Furthermore, the court needed to ensure that the agreement did not discriminate against any particular class of employees and that it contained provisions that were in line with the general principles of industrial law.

The Fair Work Commission, after reviewing the agreement and the submissions from both parties, determined that the agreement met the requirements of the Fair Work Act. The agreement was found to be fair and reasonable, providing for adequate consultation and meeting the "better off overall test." It was also noted that the agreement did not discriminate against any particular class of employees and complied with the general principles of industrial law. As a result, the Commission approved the application and registered the Pilbara/Kimberley Service Branch Enterprise Agreement 2017.

The final orders of the Fair Work Commission were that the Pilbara/Kimberley Service Branch Enterprise Agreement 2017 be approved and registered, and that the agreement be published in the Fair Work (Registered Agreements) Publication List. The registration was effective from the date of the decision, and the agreement would apply to the employees covered by the agreement.

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