Komatsu Marketing Support Australia Pty Limited

[2014] FWC 9174

[2014] FWC 9174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

Komatsu Marketing Support Australia Pty Limited
(AG2014/8391)

COMMISSIONER ROBERTS SYDNEY, 16 DECEMBER 2014

Application for an order relating to instruments covering transferring employees.

[1] On 2 December 2014 Komatsu Marketing Support Australia Pty Limited (the Company) made an application pursuant to s.318 of the Fair Work Act 2009 (the Act) for an order that the Toll Group - TWU Enterprise Agreement 2013-2017 (the transferrable instrument) will not cover the Company and the transferring employees after a transfer of business occurred within the meaning of s.311 of the Act. The application was supported by the Transport Workers’ Union of Australia.

[2] The Company submits that if such an order is made the two transferring employees will be covered by the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014 - 2017 and that each of the transferring employees is better off overall when compared to the transferrable instrument.

[3] I have considered all matters set out in s.318(3) of the Act and am satisfied that the order sought by the Company should be granted.

[4] An order reflecting this decision will be issued.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR559180>