Komatsu Australia Pty Ltd

[2014] FWCA 2211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2014/628)

KOMATSU NORTH QUEENSLAND SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the Komatsu North Queensland Service Department Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu North Queensland Service Department Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Australia Pty Limted. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Komatsu Australia Pty Ltd is the applicant seeking approval of the Komatsu North Queensland Service Department Enterprise Agreement 2013. The dispute arose from the application to the Fair Work Commission under section 234 of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval as a low-paid industry agreement, considering the circumstances of the employees covered by the agreement.

The primary legal issues before the Commission involved assessing whether the agreement fulfilled the statutory requirements for approval, particularly focusing on the low-paid industry classification and the procedural fairness in the agreement's negotiation and execution. The Commission also examined whether the agreement appropriately balanced the interests of the employees and the employer, ensuring it did not unfairly disadvantage any party.

In its decision, the Fair Work Commission acknowledged the unique circumstances of the employees in the North Queensland Service Department and the specific challenges they faced in terms of wages and working conditions. The Commission found that the agreement adequately addressed these issues and complied with the necessary provisions under the Fair Work Act. The Commission approved the agreement, noting that it met the criteria for a low-paid industry agreement and did not contravene any relevant laws or principles of procedural fairness.

The final orders included the approval of the Komatsu North Queensland Service Department Enterprise Agreement 2013, with the understanding that ongoing monitoring and compliance with the agreement would be necessary to ensure its continued fairness and effectiveness. The Commission also mandated that any disputes arising under the agreement would be subject to the Fair Work Commission's jurisdiction.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established