Komatsu Forklift Australia Pty Ltd

[2013] FWCA 9040

FAIR WORK COMMISSION

DECISION

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

Komatsu Forklift Australia Pty Ltd
(AG2013/10862)

KOMATSU FORKLIFT AUSTRALIA VICTORIAN UNION ENTERPRISE AGREEMENT 2013-2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Komatsu Forklift Australia Victorian Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Victorian Enterprise Agreement 2013-2015 (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.

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

[3] The Australian Workers’ Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 7 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Chief Administration Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Komatsu Forklift Australia Pty Ltd and its employees. The company sought approval for the Komatsu Forklift Australia Victorian Enterprise Agreement 2013-2015. The primary issue was whether the agreement met the legal standards for approval under the Fair Work Act 2009. The employees raised concerns about certain provisions within the agreement, which led to the application for approval being contested.

The legal issues centred on the interpretation and application of the Fair Work Act, specifically focusing on the procedural fairness and the substantive fairness of the agreement. The court had to examine whether the agreement was genuinely negotiated, whether it was free from coercion or undue influence, and whether it provided fair and reasonable terms and conditions for the employees. Additionally, the court considered whether the agreement met the criteria for being a "better off overall test" (BOOT) as required by the legislation.

The Fair Work Commission assessed the evidence presented by both parties and found that the agreement was genuinely negotiated and did not involve any form of coercion or undue influence. The court held that the terms of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The commission concluded that the agreement met the BOOT criteria, thereby satisfying the requirements for approval. Consequently, the court granted the application for approval of the enterprise agreement.

The final order of the court was the approval of the Komatsu Forklift Australia Victorian Enterprise Agreement 2013-2015, effective from the date of the decision. This decision affirmed the validity of the agreement, allowing it to be implemented between the company and its employees as per the terms set out.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established