Komatsu Forklift Australia Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Komatsu Forklift Australia Pty Ltd sought approval for the Melbourne Enterprise Agreement 2024. The application arose from negotiations between the employer and its employees, seeking to formalise terms and conditions of employment in an enterprise agreement. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the necessary minimum entitlements, and whether it complied with the procedural requirements for bargaining and approval. The Commission had to determine if the agreement was fair and reasonable, taking into account the principles of genuine bargaining and the need to avoid unnecessary complexity.

In considering these issues, the Commission reviewed the evidence and submissions from both parties. It examined the negotiation process, the content of the agreement, and the fairness of the terms proposed. The Commission found that the agreement had been made in good faith, contained all required minimum entitlements, and complied with procedural requirements. The terms were deemed fair and reasonable, and the Commission approved the agreement, noting the importance of balancing the rights of employers and employees.

The Fair Work Commission approved the Melbourne Enterprise Agreement 2024, effective from the date of the decision. The agreement was deemed to meet all statutory requirements, and it was to be applied to the relevant employees of Komatsu Forklift Australia Pty Ltd. The decision was based on the evidence presented, and the Commission found that the agreement was fair and reasonable in all respects.

Komatsu Forklift Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established