DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2016/6706)

KOMATSU AUSTRALIA MOUNT THORLEY SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the Komatsu Mount Thorley Service Department Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Mount Thorley Service Department Enterprise Agreement 2015 (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 16 January 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Komatsu Australia Pty Ltd, the Fair Work Commission was called upon to decide on the approval of the Komatsu Mount Thorley Service Department Enterprise Agreement 2015. The application for approval came from Komatsu Australia Pty Ltd, a company in the machinery and equipment manufacturing industry, while the response was submitted by the United Voice, a trade union representing the employees involved. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically addressing matters such as wages, hours of work, and other employment-related provisions.

The key legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for a protected action ballot as stipulated by the Act. The Commission had to examine whether the agreement provided for minimum entitlements that were no less favourable than those set out in the relevant awards or the National Employment Standards. Additionally, the Commission considered whether the agreement had been fairly negotiated and whether it provided for procedural fairness in its development and implementation.

The Fair Work Commission found that the agreement was compliant with the relevant statutory requirements. The Commission noted that the agreement contained provisions that were no less favourable than the applicable awards and the National Employment Standards. Furthermore, the evidence presented demonstrated that the agreement had been fairly negotiated, with appropriate consultation and engagement between the parties. The Commission was satisfied that the agreement provided for procedural fairness in its development and implementation, ensuring that the rights and interests of the employees were adequately protected. Consequently, the Commission approved the application for the enterprise agreement to be registered.

In approving the application, the Commission ordered that the Komatsu Mount Thorley Service Department Enterprise Agreement 2015 be registered, effective from the date of the decision. This registration ensures that the terms and conditions outlined in the agreement are legally enforceable and binding on both the employer and 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