Komatsu Forklift Australia Pty Ltd
[2024] FWCA 1648
•3 MAY 2024
| [2024] FWCA 1648 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Komatsu Forklift Australia Pty Ltd
(AG2024/1211)
KOMATSU FORKLIFT AUSTRALIA PTY LTD PERTH ENTERPRISE AGREEMENT 2024
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 3 MAY 2024 |
Application for approval of the Komatsu Forklift Australia Pty Ltd Perth Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Pty Ltd Perth Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Forklift Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.)
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 May 2027.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE524512 PR774508>
0
0
0