Komatsu Australia Pty Limited

[2015] FWCA 1774

[2015] FWCA 1774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Komatsu Australia Pty Limited
(AG2015/447)

KOMATSU AUSTRALIA PTY LTD ENSHAM MAINTENANCE ENTERPRISE AGREEMENT 2010

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 MARCH 2015

Application for termination of the Komatsu Australia Pty Ltd Ensham Maintenance Enterprise Agreement 2010.

[1] On 4 March 2015 Komatsu Australia Pty Limited filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Komatsu Australia Pty Ltd Ensham Maintenance Enterprise Agreement 2010 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

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