DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2015/929)

KOMATSU AUSTRALIA PTY LTD PILBARA / KIMBERLEY SERVICE BRANCH ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 29 APRIL 2015

Application for approval of the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2014.

[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 2014 (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] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 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.

[5] The Agreement was approved on 29 April 2015 and, in accordance with s.54, will operate from 6 May 2015. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, representing employees of Komatsu Australia Pty Ltd, sought approval for the Pilbara / Kimberley Service Branch Enterprise Agreement 2014. The dispute arose as to whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The Fair Work Commission was the forum where the matter was heard and decided.

The primary legal issue before the Commission was whether the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act 2009. This involved scrutiny of the agreement's provisions against the mandated minimum standards and ensuring that it complied with the Act's objectives of providing a safety net of minimum entitlements, promoting high levels of enterprise bargaining and facilitating a flexible and efficient workforce. The Commission also had to consider whether the agreement had been made in good faith and whether it adhered to the procedural requirements set out in the Act.

In assessing the agreement, the Commission examined various factors, including the coverage of employees, the nature of the bargaining, and the terms and conditions stipulated. The Commission determined that the agreement provided for the minimum terms and conditions as required by the Act and was made in good faith. It also found that the agreement had been negotiated through appropriate procedures and was not prejudicial to the establishment of a directly affected employees' organisation. Consequently, the Commission approved the agreement, acknowledging its compliance with the legal standards.

The Fair Work Commission approved the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2014, finding it to be compliant with the Fair Work Act 2009. The Commission's decision recognised the agreement's adherence to the minimum terms and conditions, its negotiation in good faith, and its alignment with the Act's objectives. The approval of the agreement provided a framework for the terms and conditions of employment within the specified branch of Komatsu Australia Pty Ltd, ensuring that the employees' rights and obligations were properly defined and 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