Komatsu Australia Pty Ltd
[2022] FWCA 4524
•20 DECEMBER 2022
| [2022] FWCA 4524 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Komatsu Australia Pty Ltd
(AG2022/5204)
Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 20 DECEMBER 2022 |
Application for approval of the Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Wacol Distribution Centre Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Australia Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the provisions of clause 16.4 (Redundancy) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 27 December 2025.
DEPUTY PRESIDENT
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