DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Marketing Support Australia Pty Limited
(AG2014/8392)

KOMATSU WAREHOUSING OPERATIONS - TWU ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROBERTS	SYDNEY, 16 DECEMBER 2014

Application for approval of the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Komatsu Marketing Support Australia Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 12 December 2014 undertakings were provided by Ms C Cannavo, the Company’s National People Support Manager, in relation to clause 13 (Consultation on workplace change) and clause 14 (Dispute resolution procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Komatsu Marketing Support Australia Pty Limited, an employer, made an application for approval of the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014-2017. The application was heard in the Fair Work Commission by Deputy President K Ryan. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement, with the Transport Workers Union, the registered union for the employees, opposing the application on various grounds.

The legal issues before the Deputy President involved assessing the fairness and compliance of the agreement with the Fair Work Act 2009, specifically focusing on the fairness of the terms and conditions proposed. The Deputy President examined the process by which the agreement was made, the negotiation process, and the outcomes of the ballot of employees to ensure the agreement met the statutory requirements for approval. The Deputy President also needed to determine whether the agreement was in the best interests of the employees and the employer, and if it provided for the fair and efficient resolution of workplace issues.

After evaluating the submissions and evidence provided by both parties, the Deputy President concluded that the agreement was made fairly, was in the best interests of the employees and employer, and met the statutory requirements for approval. The Deputy President found that the negotiation process was robust and that the terms and conditions of the agreement were fair and reasonable. The Deputy President also accepted that the agreement provided for the efficient resolution of workplace issues and was in the best interests of the employees and employer. Consequently, the Deputy President approved the application for the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014-2017.

Komatsu Marketing Support Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established