DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Komatsu Forklift Australia Pty Ltd
(AG2015/5174)

KOMATSU FORKLIFT AUSTRALIA ADELAIDE BRANCH AGREEMENT 2015-2017

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 OCTOBER 2015

Application for approval of the Komatsu Forklift Australia Adelaide Branch Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Adelaide Branch Agreement 2015-2017 (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 Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2015. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Komatsu Forklift Australia Pty Ltd involves an application by the employer to have the Komatsu Forklift Australia Adelaide Branch Agreement 2015-2017 approved by the Fair Work Commission. This agreement pertains to the terms and conditions of employment for the employees of the Adelaide branch of the company. The application was brought before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Act that require minimum entitlements to be preserved. The Commission also needed to assess if the agreement had been genuinely negotiated and if it was in the best interests of the employees.

In examining the agreement, the Commission considered various factors, including the terms of the agreement, the process of negotiation, and the interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the minimum entitlements required by the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated and that it was in the best interests of the employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Komatsu Forklift Australia Adelaide Branch Agreement 2015-2017, recognising it as meeting the necessary requirements under the Fair Work Act. The approval of this agreement ensures that the terms and conditions of employment for the employees of the Adelaide branch are fair and reasonable, and that they comply with the minimum entitlements prescribed by the Act.

Komatsu Forklift Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established