DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Forklift Australia Pty Ltd
(AG2015/1273)

KOMATSU FORKLIFT AUSTRALIA VICTORIAN UNION ENTERPRISE AGREEMENT 2015-2017

Vehicle industry
COMMISSIONER BLAIR	MELBOURNE, 2 JUNE 2015

Application for approval of the Komatsu Forklift Australia Victorian Union Enterprise Agreement 2015-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Komatsu Forklift Australia Victorian Union Enterprise 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.

[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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2015. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Komatsu Forklift Australia Pty Ltd applied for the approval of the Komatsu Forklift Australia Victorian Union Enterprise Agreement 2015-2017. The applicant sought to have the agreement, which was negotiated between Komatsu and the United Voice union, approved under the Fair Work Act 2009. The union argued that the agreement contained terms that were unfair and not in the best interests of the employees.

The legal issues before the Commission were whether the agreement met the requirements of section 232 of the Fair Work Act and whether it contained any unfair terms under section 233. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the good faith bargaining requirement. Additionally, the Commission assessed whether any of the terms were unfair as per the criteria outlined in the Fair Work Act.

The Commission found that the agreement was negotiated in good faith and met the requirements of the Fair Work Act. The terms and conditions of employment were fair and reasonable, and the agreement did not contain any unfair terms. The Commission approved the agreement, highlighting that it provided for fair and reasonable terms and conditions of employment and met the good faith bargaining requirement.

The Fair Work Commission approved the Komatsu Forklift Australia Victorian Union Enterprise Agreement 2015-2017, finding it to be fair and reasonable and negotiated in good faith. The agreement was deemed to meet the requirements of the Fair Work Act, and no unfair terms were identified. The approval of the agreement ensures that the terms and conditions of employment for the employees are fair and reasonable, and that the agreement was negotiated in good faith.

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