Komatsu Australia Pty Ltd

[2018] FWCA 4588

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2018/2691)

Komatsu Australia Gunnedah Service Department Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Beaumont	PERTH, 6 AUGUST 2018

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

An application has been made for approval of an enterprise agreement known as the Komatsu Australia Gunnedah Service Department Enterprise Agreement 2018 (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.

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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 6 August 2018 and, in accordance with s.54, will operate from 13 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Komatsu Australia Pty Ltd, seeking approval of the Komatsu Australia Gunnedah Service Department Enterprise Agreement 2018. The dispute was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009. The primary issue was whether the agreement met the requirements for "enterprise agreements" under the Act, including whether it was free from prohibited content, covered the correct bargaining unit, and had been made in good faith.

The Commission considered the provisions of the Fair Work Act and the nature of the enterprise agreement in question. It examined whether the agreement contained any provisions that were prohibited under the Act, such as those that imposed unreasonable penalties or restricted employees' rights. The Commission also assessed whether the agreement was made between the appropriate bargaining representatives and whether it covered the correct employees. Furthermore, the Commission evaluated the process by which the agreement was made to ensure it was done in good faith, including whether there was genuine negotiation and whether the parties had acted reasonably.

The Commission concluded that the Komatsu Australia Gunnedah Service Department Enterprise Agreement 2018 was compliant with the Fair Work Act. It found that the agreement did not contain any prohibited content, was made between the appropriate bargaining representatives, and covered the correct employees. Additionally, the Commission determined that the agreement had been made in good faith, with evidence of genuine negotiation and reasonable conduct by the parties. Therefore, the Commission approved the agreement, confirming its validity under the Act.

The Fair Work Commission approved the Komatsu Australia Gunnedah Service Department Enterprise Agreement 2018, finding it to be compliant with the Fair Work Act. The decision confirmed the agreement's validity and its applicability to the specified employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established