Komatsu Forklift Australia Pty Ltd
[2024] FWCA 1279
•10 APRIL 2024
| [2024] FWCA 1279 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Komatsu Forklift Australia Pty Ltd
(AG2024/824)
KOMATSU FORKLIFT AUSTRALIA PTY LTD MELBOURNE ENTERPRISE AGREEMENT 2024
| Vehicle industry | |
| COMMISSIONER MCKINNON | SYDNEY, 10 APRIL 2024 |
Application for approval of the Komatsu Forklift Australia Pty Ltd Melbourne Enterprise Agreement 2024
Komatsu Forklift Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Komatsu Forklift Australia Pty Ltd Melbourne Enterprise Agreement 2024 (the Agreement).
The Agreement replaces an earlier enterprise agreement made in 2015. On its terms, employees will be better off overall under the Agreement than if the underlying modern award applied. I am satisfied that the employees have sufficient interest in the terms of the Agreement and that they are sufficiently representative of the group of employees covered by the Agreement.
Minor technical and procedural errors were made in the agreement-making process in connection with the version of the Notice of Employee Representational Rights issued to employees (technical error) and in relation to the voting process (procedural error). I am satisfied that employees are not likely to have been disadvantaged by the errors. The explanation of the vote was appropriate in the circumstances, including because access to an interpreter was made available for those from non-English speaking backgrounds. The vote in favour of the Agreement was unanimous.
On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.
The Agreement is approved and will operate from 17 April 2024. The nominal expiry date of the Agreement is 17 April 2027.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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