Komatsu Australia Pty Ltd

[2014] FWCA 7349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2014/7569)

KOMATSU AUSTRALIA PTY LTD KALGOORLIE SERVICE BRANCH ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Komatsu Australia Pty Ltd Kalgoorlie Service Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Kalgoorlie 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] 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, 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 10 October 2014 and, in accordance with s.54, will operate from 17 October 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Komatsu Australia Pty Ltd and its employees at the Kalgoorlie Service Branch, with the Fair Work Commission hearing an application for approval of the 2014 Enterprise Agreement. The primary dispute centred around whether the agreement met the legal requirements for certification under the Fair Work Act 2009. The Court was tasked with determining if the agreement included all mandatory terms, was free from prohibited content, and was fairly and genuinely negotiated.

The key legal issues addressed by the Court were whether the agreement contained all necessary mandatory terms, including provisions for minimum rates of pay, penalties, allowances, and leave entitlements. Additionally, the Court had to assess whether the agreement contained any prohibited content, such as terms that would undermine the operation of the Fair Work Act. Furthermore, the Court needed to establish if the agreement was genuinely negotiated and if the parties had entered into it voluntarily.

In rendering its decision, the Court examined the provisions of the agreement in detail, ensuring that all mandatory terms were included and that there was no prohibited content. The Court also considered evidence and submissions regarding the negotiation process to ascertain whether the agreement was fairly and genuinely negotiated. Ultimately, the Court found that the agreement met all legal requirements for certification, as it contained all mandatory terms, did not include prohibited content, and was genuinely negotiated. Consequently, the Court approved the agreement.

The Court ordered the approval of the Komatsu Australia Pty Ltd Kalgoorlie Service Branch Enterprise Agreement 2014, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of the employees at the Kalgoorlie Service Branch, subject to any subsequent amendments or variations in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established