Joy Global Australia Pty Ltd T/A Komatsu Mining Technologies Summary

[2025] FWCA 3513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Joy Global Australia Pty Ltd T/A Komatsu Mining Technologies

(AG2025/3462)

KOMATSU MINING HUNTER VALLEY ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 22 OCTOBER 2025

Application for approval of the Komatsu Mining Hunter Valley Enterprise Agreement 2025

Joy Global Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Komatsu Mining Hunter Valley Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 29 October 2025. The nominal expiry date of the Agreement is 24 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for approval of the Komatsu Mining Hunter Valley Enterprise Agreement 2025. The applicants were Joy Global Australia Pty Ltd, trading as Komatsu Mining Technologies, and the respondents were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the United Mineworkers of Australia (UMA). The dispute centered around the terms and conditions of employment for workers in the Hunter Valley mining sector and whether the proposed agreement complied with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of its fairness, coverage, and the process by which it was negotiated. The Commission had to determine whether the agreement was appropriately negotiated, if it contained the necessary minimum terms and conditions, and whether it was free from any unfair provisions. The negotiation process and the agreement's impact on the employees' rights and conditions were also scrutinized.

In its decision, the Commission examined the negotiation process, which included the participation of the union representatives and the manner in which the agreement was presented to the employees. The Commission found that the agreement was fairly negotiated and included all the necessary minimum terms and conditions as stipulated by the Fair Work Act. It also concluded that the agreement did not contain any unfair provisions and was beneficial to the employees in terms of their rights and conditions. Based on these findings, the Commission approved the application for the agreement to be registered.

Accordingly, the Fair Work Commission approved the Komatsu Mining Hunter Valley Enterprise Agreement 2025. The agreement was registered on the date of the decision, and it will govern the employment conditions for the relevant workers in the Hunter Valley mining sector until its expiry. The approval ensures that the agreement provides a fair and balanced framework for the employees and employers, while also complying with the requirements of the Fair Work Act.

Joy Global Australia Pty Ltd T/A Komatsu Mining Technologies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established