Komatsu Forklift Australia Pty Ltd Summary

[2024] FWCA 1105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Forklift Australia Pty Ltd

(AG2024/731)

KOMATSU FORKLIFT AUSTRALIA PTY LTD WOLLONGONG ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 28 MARCH 2024

Application for approval of the Komatsu Forklift Australia Pty Ltd Wollongong 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 Wollongong Enterprise Agreement 2024 (the Agreement).

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 4 April 2024. The nominal expiry date of the Agreement is 4 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

The application was made by Komatsu Forklift Australia Pty Ltd to the Fair Work Commission for approval of the Komatsu Forklift Australia Pty Ltd Wollongong Enterprise Agreement 2024. The dispute concerned the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission is the relevant body to consider and approve enterprise agreements under Australian labour law.

The primary legal issues for the Commission to determine were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith. The Commission needed to consider if the agreement met the criteria for approval, including provisions on minimum wages and conditions, notice periods, and the process through which the agreement was made. Additionally, the Commission had to be satisfied that the agreement was not detrimental to the workers it covered.

The Commission found that the agreement complied with all statutory requirements and was made in good faith. The agreement was deemed to be fair and reasonable, providing for the workers' wages, hours of work, and other conditions of employment. The Commission concluded that the agreement did not have any adverse effects on the workers and met all the necessary criteria for approval under the Fair Work Act 2009. Therefore, the application was successful, and the agreement was approved.

The Fair Work Commission approved the Komatsu Forklift Australia Pty Ltd Wollongong Enterprise Agreement 2024. The agreement is now legally binding on the parties involved and will govern the employment conditions for the workers covered by it.

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