DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2017/977)

KOMATSU AUSTRALIA PTY LTD PERTH & BUNBURY ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2017

Application for approval of the Komatsu Australia Pty Ltd Perth & Bunbury Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Perth & Bunbury 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 6 April 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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 Pty Ltd Perth & Bunbury Enterprise Agreement 2017. The respondents to the application were the Australian Manufacturing Workers' Union and the Electrical Trades Union. The dispute centred on the validity and approval of the enterprise agreement, which aimed to govern the employment conditions of workers at Komatsu's Perth and Bunbury facilities. The legal issues before the court included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it complied with the good faith bargaining requirements.

The court examined the process through which the agreement was negotiated and whether it was made genuinely for the purpose of determining the terms and conditions of employment. It was crucial to determine if the requisite majority of employees had voted in favour of the agreement and if the agreement contained all the mandated terms and conditions. Additionally, the court had to consider if the agreement met the statutory requirements for minimum entitlements, and if it was consistent with the broader objectives of the Fair Work Act. The court found that the agreement had been made in good faith, with a majority of employees voting in its favour, and that it contained all the necessary terms and conditions. It also concluded that the agreement did not undermine the minimum entitlements provided by the relevant awards and legislation, and that it aligned with the objectives of the Fair Work Act.

The court approved the enterprise agreement, finding that it met all the legal requirements for registration. The agreement was deemed to be genuinely made for the purpose of determining the terms and conditions of employment, and was consistent with the statutory minimum standards. The court's decision provided certainty and clarity for the parties involved and established the terms under which the employees would be engaged. This outcome facilitated the smooth operation of Komatsu's Perth and Bunbury facilities, while also ensuring that the rights and interests of the employees were protected.

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