Cummins South Pacific Pty Ltd Trading AS Cummins South Pacific Summary

[2025] FWCA 3349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cummins South Pacific Pty Ltd Trading AS Cummins South Pacific

(AG2025/3019)

CUMMINS SOUTH PACIFIC PTY LTD (SCORESBY OPERATIONS) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 7 OCTOBER 2025

Application for approval of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the
Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by
Cummins South Pacific Pty Ltd Trading as Cummins South Pacific (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 September 2025.

The Applicant has provided written undertakings, dated 17 September 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative, and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cummins South Pacific Pty Ltd, trading as Cummins South Pacific, sought approval from the Fair Work Commission for the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2025. The application involved a dispute concerning the terms of employment for the employees at the Scoresby operations, specifically regarding pay rates, conditions, and other employment terms. The Fair Work Commission was tasked with determining whether the proposed enterprise agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided adequate protections for the employees, whether it complied with the provisions of the Fair Work Act, and whether it was made in good faith. The Commission needed to ensure that the agreement did not unjustifiably weaken the rights, protections, or entitlements of employees, and that it provided for appropriate mechanisms for the resolution of workplace disputes. Furthermore, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the proposed agreement was in the best interests of the employees and complied with the Fair Work Act. The agreement provided for fair and reasonable terms and conditions of employment, and included appropriate mechanisms for the resolution of workplace disputes. The Commission noted that the agreement had been made in good faith and provided adequate protections for the employees. The Commission approved the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2025, and the decision was made on 30 November 2022. The approval of the agreement ensures that the employees at the Scoresby operations are provided with fair and reasonable employment terms and conditions, and that their rights and entitlements are protected.

Cummins South Pacific Pty Ltd Trading AS Cummins South Pacific

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established