Komatsu Forklift Australia Pty Ltd Summary

[2024] FWCA 752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Komatsu Forklift Australia Pty Ltd

(AG2024/119)

KOMATSU FORKLIFT AUSTRALIA PTY LTD BRISBANE ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
COMMISSIONER DURHAM	BRISBANE, 27 FEBRUARY 2024

Application for approval of the Komatsu Forklift Australia Pty Ltd Brisbane Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Pty Ltd Brisbane 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 Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Komatsu Forklift Australia Pty Ltd Brisbane Enterprise Agreement 2024. The application was brought by Komatsu Forklift Australia Pty Ltd, and the dispute involved the terms and conditions of employment for the company's employees covered by the proposed enterprise agreement. The court considered whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues at hand primarily revolved around whether the agreement was made in good faith and whether it contained all the mandatory terms required by the Act. Additionally, the court needed to determine if the agreement was appropriately certified and if it provided for the proper process for resolving any disputes.

The court examined the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, focusing on the necessity for good faith bargaining and the inclusion of all mandatory terms. The court also looked into the certification process of the agreement, ensuring that it complied with the requirements of the Act. The Fair Work Commission assessed whether the agreement provided adequate mechanisms for resolving disputes between the employer and the employees. The court considered the submissions from both parties and any relevant evidence presented. It was imperative that the agreement met the standards set forth by the Act to ensure fairness and compliance in the workplace.

The court found that the Komatsu Forklift Australia Pty Ltd Brisbane Enterprise Agreement 2024 met the necessary requirements for approval. The agreement was deemed to have been made in good faith, contained all the mandatory terms required by the Fair Work Act 2009, and was appropriately certified. The court also determined that the agreement provided for a suitable process for resolving any disputes that might arise. Consequently, the Fair Work Commission approved the enterprise agreement, and it will now be binding on the parties involved. The approval ensures that the terms and conditions of employment are legally sound and fair for both Komatsu Forklift Australia Pty Ltd and its employees.

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