| [2023] FWCA 2228 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Komatsu Forklift Australia Pty Ltd T/A Komatsu Forklift Australia Pty Ltd
(AG2023/2141)
KOMATSU FORKLIFT AUSTRALIA PTY LTD ADELAIDE ENTERPRISE AGREEMENT 2023
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 19 JULY 2023 |
Application for approval of the Komatsu Forklift Australia Pty Ltd Adelaide Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Pty Ltd Adelaide Enterprise Agreement 2023 (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 (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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 is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 5 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 26 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520811 PR764359>
Annexure A
- AGLC
- Komatsu Forklift Australia Pty Ltd T/A Komatsu Forklift Australia Pty Ltd [2023] FWCA 2228
- Case
- [2023] FWCA 2228
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair terms and conditions of employment, and whether it was certified by the Australian Building and Construction Commission in accordance with the relevant provisions. Additionally, the court needed to assess whether the agreement appropriately addressed the interests of both the employer and the employees.
In delivering its decision, the court meticulously examined the proposed terms of the agreement. It found that the agreement complied with the statutory requirements and was fair and reasonable. The court noted that the agreement covered essential terms and conditions, including wages, hours of work, and other employment-related matters. Furthermore, the court confirmed that the agreement had been certified by the Australian Building and Construction Commission, which satisfied the statutory certification process. As a result, the court approved the application for the enterprise agreement.
Consequently, the court made an order approving the Komatsu Forklift Australia Pty Ltd Adelaide Enterprise Agreement 2023, effective from the date of the decision. The agreement was deemed to be a lawful and binding contract between the applicant and the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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