Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.

[2021] FWCA 6532

[2021] FWCA 6532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu Mining Corp.
(AG2021/7994)

KOMATSU MINING ROCKHAMPTON ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 NOVEMBER 2021

Application for approval of the Komatsu Mining Rockhampton Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Komatsu Mining Rockhampton Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Joy Global Australia Pty Ltd T/A Komatsu Mining Corp. (Employer). The Agreement is a single enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2021. The nominal expiry date of the Agreement is 4 July 2024.

DEPUTY PRESIDENT

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