DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2017/1065)

KOMATSU AUSTRALIA KCGM MAINTENANCE WORKSHOP ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 APRIL 2017

Application for approval of the Komatsu Australia KCGM Maintenance Workshop Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia KCGM Maintenance Workshop 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] 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] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 12 April 2017 and, in accordance with s.54, will operate from 19 April 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Komatsu Australia Pty Ltd recently had its application for the approval of the Komatsu Australia KCGM Maintenance Workshop Enterprise Agreement 2017 heard by the Fair Work Commission. The application arose from a dispute between the company and its employees regarding the terms and conditions of their employment. The crux of the dispute was whether the proposed enterprise agreement complied with the relevant industrial laws and adequately protected the employees' rights.

The primary legal issues the court was required to determine were whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically in relation to the coverage, content, and procedural fairness of the agreement. This involved assessing whether the agreement appropriately covered the bargaining period, contained necessary minimum terms, and was negotiated in good faith. Furthermore, the court had to examine if the agreement provided fair and reasonable terms for the employees.

In its decision, the Fair Work Commission found that the agreement met all statutory requirements and was in the best interests of the employees. The commission noted that the agreement was negotiated in good faith and contained all necessary minimum terms, including provisions for wages, hours of work, and other conditions of employment. The court also concluded that the agreement provided fair and reasonable terms for the employees, taking into account their specific needs and the broader economic context. Consequently, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect and govern the employment conditions of the employees 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