Komatsu Australia Pty Ltd T/A Komatsu

[2021] FWCA 6014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd T/A Komatsu
(AG2021/7401)

KOMATSU AUSTRALIA PTY LTD NORTHERN TERRITORY
OPERATIONS DIVISION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Komatsu Australia Pty Ltd Northern Territory Operations Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Northern Territory Operations Enterprise Agreement 2021 (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 T/A Komatsu. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 6 October 2021. The nominal expiry date of the Agreement is 6 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to decide whether to approve the Komatsu Australia Pty Ltd Northern Territory Operations Enterprise Agreement 2021. The application was made by the employer, Komatsu Australia Pty Ltd, trading as Komatsu. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009 (Cth). The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act and if it contained terms and conditions that were in the best interests of the employees.

The Commission considered whether the agreement complied with the procedural requirements for the making of an enterprise agreement. It assessed whether the agreement had been made in accordance with the procedures set out in the Fair Work Act and whether the requisite majority of employees had agreed to the terms. The Commission also examined the substantive fairness of the agreement's terms, focusing on whether they provided for appropriate protections and entitlements for employees. The Commission considered whether the agreement provided for a minimum rate of pay and other conditions that were at least equal to or better than the applicable award or registered agreement.

The FWC found that the agreement met all procedural and substantive requirements for approval. The Commission determined that the agreement had been made in accordance with the relevant provisions of the Fair Work Act and that a sufficient majority of employees had agreed to the terms. The Commission was satisfied that the agreement contained terms and conditions that were fair and reasonable, providing for appropriate protections and entitlements for employees. The Commission noted that the agreement provided for a minimum rate of pay and other conditions that were at least equal to or better than the applicable award or registered agreement.

The Fair Work Commission approved the Komatsu Australia Pty Ltd Northern Territory Operations Enterprise Agreement 2021, effective from 1 January 2022. The agreement was registered with the Fair Work Commission, and the relevant parties were notified of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established