DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd T/A Komatsu Australia
(AG2018/201)

KOMATSU AUSTRALIA NORTH QUEENSLAND SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2018

Application for approval of the Komatsu Australia North Queensland Service Department Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia North Queensland Service Department Enterprise Agreement 2017 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 4 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Komatsu Australia Pty Ltd, trading as Komatsu Australia, and its employees in the North Queensland Service Department. The matter centred around the approval of the Komatsu Australia North Queensland Service Department Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms, including minimum wages and conditions, and whether it complied with the procedural requirements for enterprise agreements, such as proper bargaining and the provision of relevant information to employees.

The Commission carefully examined the agreement, taking into account the Fair Work Act's provisions and relevant precedents. It was essential to verify that the agreement addressed the employees' pay and conditions adequately and that it was the product of genuine and fair bargaining processes. The Commission also considered the information provided to the employees and whether it was sufficient for them to make an informed decision about the agreement. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable and that the necessary procedural requirements were met.

As a result of its findings, the Fair Work Commission approved the Komatsu Australia North Queensland Service Department Enterprise Agreement 2017. This decision meant that the agreement could now be implemented, providing the framework for the terms and conditions of employment for the employees in question. The approval signified that the agreement was compliant with the statutory requirements and that the rights and interests of both the employees and the employer were adequately balanced.

Komatsu Australia Pty Ltd T/A Komatsu Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established