Komatsu Forklift Australia Pty Ltd Summary

[2024] FWCA 1648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Forklift Australia Pty Ltd

(AG2024/1211)

KOMATSU FORKLIFT AUSTRALIA PTY LTD PERTH ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT DOBSON	BRISBANE, 3 MAY 2024

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

An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Pty Ltd Perth 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 Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 May 2027.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Komatsu Forklift Australia Pty Ltd, the applicant sought approval of the proposed Perth Enterprise Agreement 2024. The application was made by the applicant in accordance with section 185 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements for approval under the legislation, including the need to provide for minimum terms and conditions of employment and to promote higher wages and better conditions of employment.

The court was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement provided for minimum terms and conditions of employment, promoted higher wages and better conditions of employment, and did not provide for terms and conditions that were less favourable than the relevant modern award.

In its decision, the court found that the proposed agreement met the criteria for approval under the Fair Work Act. The court noted that the agreement provided for minimum terms and conditions of employment, including minimum wages and conditions such as leave entitlements, and promoted higher wages and better conditions of employment in certain areas. The court also found that the agreement did not provide for terms and conditions that were less favourable than the relevant modern award. As a result, the court approved the proposed agreement.

The court approved the Komatsu Forklift Australia Pty Ltd Perth Enterprise Agreement 2024, subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission. The applicant was required to take all necessary steps to ensure that the agreement was registered within the specified timeframe. The court also ordered that the applicant provide certain information to the Fair Work Commission, including details of the agreement and any variations to it.

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