Komatsu Australia Pty Ltd T/A Komatsu Australia

[2018] FWCA 7259

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd T/A Komatsu Australia

(AG2018/3559)

Komatsu Australia Victorian Service & Assembly Departments Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Komatsu Australia Victorian Service & Assembly Departments Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Komatsu Australia Victorian Service & Assembly Departments Enterprise Agreement 2018 (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 Australia. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 27 November 2018 and, in accordance with s.54, will operate from 4 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Komatsu Australia Pty Ltd, trading as Komatsu Australia, applied for approval of the Enterprise Agreement. The applicant, Komatsu Australia, sought to have the agreement approved under the Fair Work Act 2009, which governs enterprise agreements in Australia. The respondents to the application were various unions representing the employees of Komatsu Australia's Victorian Service and Assembly Departments.

The legal issues before the Commission were primarily whether the agreement met the statutory requirements for approval as a registered enterprise agreement. The Commission had to assess whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was free from any illegality or non-compliance with the Fair Work Act. Additionally, the Commission had to determine if the agreement satisfied the procedural requirements, including proper notice and the opportunity for consultation with the employees and their representatives.

The Fair Work Commission examined the evidence and submissions provided by both the applicant and the respondents. The Commission considered whether the agreement had been made in good faith, whether it contained the requisite minimum terms, and whether it was free from any illegality or non-compliance with the Fair Work Act. The Commission also assessed the procedural aspects, including whether proper notice had been given and whether there was adequate consultation with the employees and their representatives. After evaluating the evidence, the Commission found that the agreement met all the statutory requirements for approval. The Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Enterprise Agreement, determining it met all necessary statutory requirements and was fair and reasonable. The decision was made on the basis that the agreement was made in good faith, contained the requisite minimum terms, and was free from any illegality or non-compliance with the Fair Work Act. Additionally, the Commission found that the procedural requirements were satisfied, including proper notice and adequate consultation with the employees and their representatives. The approval of the agreement was thus granted, and it became a legally binding enterprise agreement between Komatsu Australia and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established