Joy Global Australia Pty Ltd T/A Komatsu

[2024] FWCA 4567

[2024] FWCA 4567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu

(AG2024/4891)

KOMATSU MINING MOSS VALE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 19 DECEMBER 2024

Application for approval of the Komatsu Mining Moss Vale Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Komatsu Mining Moss Vale Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Joy Global Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

1. Noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. That clause will have work to do in relation to the following conditions:

·   Clause 26 – Compassionate leave: The Agreement clause does not refer to the NES entitlements for miscarriage and stillbirth.

·   Clause 45.2.6 – Redundancy payments: The redundancy pay entitlement for employees with between 1 and 2 years of service would be 4 weeks under the NES and 3 weeks under the Agreement.

·   Clause 50.2 – Family and domestic violence leave: The Agreement entitlements operate in more limited circumstances than the NES entitlements. 

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU and the CEPU.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527322  PR782614>